Results

This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.

Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a growing health crisis that currently affects over 20 million people in the United States.

This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.

There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions. While expungement provides relief in the California state criminal legal system, it does not provide the same relief in the immigration context. This explainer walks through some key points about this new law and its implication for immigrants with prior contact with law enforcement.

Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023), the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.

This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence of a year or more for immigration purposes.

This practice advisory provides an overview of the grounds of inadmissibility for Temporary Protected Status (TPS) explaining which grounds do not apply to TPS applicants, which grounds are non-waivable, and which grounds are waivable. It also offers an overview of the TPS waiver of inadmissibility.

An immigrant legal defense fund pays legal service providers to represent community members facing deportation in immigration court. This resource provides a general overview of immigrant legal defense funds (ILDFs) at the municipal level in Texas, including why they are needed, the goals and components of a strong ILDF, and examples of these funds from across the state.

This practice advisory provides an overview of the different ways crimes can impact eligibility for Temporary Protected Status (TPS) and a framework for analyzing whether an applicant is subject to these bars and potential options to overcome them.

Immigration and crimes, or “crim-imm,” can be challenging.  Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.
 
This advisory provides a step-by-step approach to help advocates analyze a case and identify goals. It can be used by criminal defense counsel, immigration advocates, and post-conviction relief counsel. It is not a substitute for consulting with a crim/imm expert, but using it should increase your expertise and help you to better discuss the analysis with the client, argue it to the judge or official, or negotiate with the other side.

Cannabis legalization has long been a growing theme across the United States, having a place in virtually every recent election cycle and in policy debates related to the federal government’s role in restricting its access, sale, use, and distribution. With many states moving to legalize cannabis for recreational use and with the Biden administration recently deciding to pardon individuals for certain federal convictions related to its possession, it may seem as though we are coming to the end of the cannabis prohibition era. Unfortunately, not only is that moment yet to arrive, but the dangers for immigrants, in particular, could not be higher. This downloadable guide walks through the current intersection of cannabis, criminal, and immigration law and also shares insights about what a pathway out of prohibition could look like.

In August 2021, U.S. Immigration and Customs Enforcement (ICE) announced a new “victim-centered approach” for immigration enforcement. This FAQ outlines what this means, what the directive is expected to do, and who qualifies for this new enforcement approach.

his fact sheet describes new Cal. Penal Code 372.5 (AB 2195). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” (Penal Code § 370). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of the drug charge that was dropped. The defense must decide to ask, and the prosecution must agree, to go forward with Penal Code 370/372.5.

Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to commit the offense, or in other cases mitigation of sentence. This advisory describes the new criminal laws and their immigration effect, so that criminal defenders and immigration and survivor advocates are aware of these options.