Protections for Noncitizen Youth: How California Laws Protect Youth Involved in the Youth Justice System Against Immigration Enforcement
This short resource explains how California laws protect noncitizen youth in the youth justice system from immigration enforcement.
Humanitarian Forms of Relief Part II: Asylum & SIJS
This practice advisory is the second resource in a two-part series on Humanitarian Forms of Relief for noncitizen victims of violence, serious crimes and persecution. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status. The first advisory focused on giving an overview of VAWA, U, and T Visas. Including, eligibility requirements and some factors to consider before applying. This practice advisory will focus on giving an overview of asylum and special immigrant juvenile status (SIJS), including their eligibility
Strengthening Child Welfare Practice for Immigrant Children & Families: A Toolkit for Child Welfare Professionals in California
Immigrant children and families in the child welfare system face unique barriers to permanency and well-being. In some cases, their involvement in the child welfare system also presents distinct opportunities for seeking lawful immigration status. With half of all children in California coming from an immigrant family, child welfare agencies in California must be equipped to effectively support immigrant children and families on the pathway to permanency. The objective of this Toolkit is to provide guidance to child welfare agencies in California working with immigrant children and families.
Fee Waiver Template Comment – submit by July 5, 2019
On June 5, 2019, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a third notice regarding its plans to dramatically change fee waiver eligibility and process. The June 5 notice attempts to provide additional justification for its plan to eliminate means-tested benefits as a basis for requesting a fee waiver, among other changes, following April 5 and September 28 notices that lacked rationale for why such changes to fee waivers are justified. Now, USCIS is also claiming lost fee revenue as a reason for its proposed changes to fee waivers
Practice Alert: Upcoming Elimination of Means-Tested Benefits as Basis for Fee Waiver Requests
This practice alert provides a brief overview of some of the main changes practitioners can expect with the proposed change to fee waiver eligibility and process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. Given that these significant changes to the fee waiver process will make it more difficult and time-intensive to establish inability to pay an immigration filing fee, we urge practitioners to advise clients who are eligible for a fee waiver based on receipt of means-tested benefits to apply as soon as possible, before this
Fee Waiver Template Comment – submit by May 6, 2019
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change.
Responding to Inappropriate RFEs and NOIDs in Special Immigrant Juvenile Status Cases
In July 2018, USCIS issued a new policy memorandum that limits the circumstances in which it will issue Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This practice advisory provides an overview of the law governing RFEs and NOIDs, outlines the changes to USCIS policy announced in the July 2018 policy memo, and sets forth a six-step process to follow when responding to requests for additional evidence. The advisory also includes sample arguments to make when responding to common RFE and NOID scenarios in the SIJS context.
Protecting Immigrant Youth Fact Sheet
It is essential that we enact policies that support our youth in becoming healthy, productive adults. Unfortunately, many localities engage in unnecessary, and sometimes unlawful, practices that negatively impact the development of young people. This fact sheet, written together with the National Juvenile Justice Network, describes policy changes that could help protect immigrant youth.
Fee Waiver Template Comment – submit by November 27, 2018
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change.
Immigration Options for Undocumented Immigrant Children
This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend consulting with an immigration expert before filing any applications for immigration relief.
Risks of Applying for Special Immigrant Juvenile Status (SIJS) in Affirmative Cases
USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.” This Practice Advisory answers common questions about the risks of filing
Living in Limbo: A Guide to Understanding Your Rights, Benefits, and Obligations When You Have No Immigration Status
Every year, millions of people wait for Congress to advance a solution that would provide stability for undocumented persons and their families. The numbers left waiting and worrying without a pathway to citizenship, protection from deportation, or the ability to work under the Trump Administration has only increased with the limitations on the Deferred Action for Childhood Arrivals (DACA) program and the termination of Temporary Protected Status (TPS) for certain countries.
The Impact of Drug Trafficking on Unaccompanied Minor Immigration Cases
This practice advisory addresses the impact of drug trafficking on unaccompanied minor (UC) cases by looking at overall drug trafficking patterns within UC cases, identifying the substantive and procedural issues that may arise when UC with drug trafficking histories pursue immigration relief, and drawing parallels to other bodies of law to provide practitioners with recommendations for use in the immigration context. This advisory discusses how children impacted by drug trafficking issues are able or unable to access legal relief and the challenges they face before DHS and immigration courts
Deportation by Any Means Necessary: How Immigration Officials Are Labeling Immigrant Youth as Gang Members
This report details findings from a national survey of legal practitioners concerning the increased use of gang allegations against young immigrants as a means of driving up deportation numbers, at the encouragement of the Trump administration. The report suggests emerging best practices for immigration attorneys to employ in both fighting against unfounded gang allegations and working to mitigate the impact of prior gang involvement.
The School to Prison to Deportation Pipeline
Schools across the country are working to protect their students and students’ families from immigration enforcement activities on campus. However, the school to prison to deportation pipeline is often overlooked in efforts to keep students safe. This resource explains how an incident at school can result in a youth facing deportation, and encourages schools to review their disciplinary polices to ensure they are not sending students to ICE.
Crimes and DACA Renewals
The Trump Administration has announced the “phase-out” of DACA, and tens of thousands of DACA recipients must decide whether to apply for a last renewal. Other DACA recipients are wondering what may happen to them if they can’t or don’t renew. This is an especially worrisome situation for DACA recipients who have a criminal record. Acknowledging that we don’t yet have clear answers, this advisory will provide information to help advocates address the following questions with their clients: Is it “safe” for someone with a criminal history to renew their DACA application? What kinds of legal
Practice Alert on Flores v. Sessions: Ninth Circuit Holds that All Detained Children Have the Right to a Bond Hearing
This practice alert provides a summary of Flores v. Sessions, a recent Ninth Circuit decision that held that all detained children have the right to a bond hearing. It discusses why Flores v. Sessions was necessary, what its impact may be for detained youth, and details practice tips for advocates representing detained children seeking bond hearings.
Alien Smuggling: What It Is and How It Can Affect Immigrants
Alien smuggling can affect an immigrant in several different ways: Alien smuggling is a ground of inadmissibility, a ground of deportability, a bar to good moral character, and a conviction for alien smuggling is an aggravated felony. Screening for alien smuggling is particularly important in light of Secretary of U.S. Department of Homeland Security John Kelly’s memoranda directing his agency to prioritize immigration enforcement against alien smugglers, and U.S. Attorney General Jefferson Sessions’ directive to federal prosecutors to prioritize prosecution of alien smuggling. This
Immigration Relief for Immigrant Survivors of Abuse: Comparative Quick Reference Chart
This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.
ILRC Statement on H.R. 495, the “Protection of Children Act”
The ILRC joins numerous child welfare and immigration advocates across the country in urging all members of the House Judiciary Committee to protect the best interests of children by opposing H.R. 495, the “Protection of Children Act.” H.R. 495 asks Congress to break away from long-held standards of child welfare in the United States. This bill inhumanely seeks to strip vulnerable children of existing legal protections, and goes a step further to encourage the increased deportation of these children back to the very danger they fled from.
Understanding Allegations of Gang Membership/Affiliation in Immigration Cases
Immigrants who are alleged to be involved with gangs are top immigration enforcement priorities for the Department of Homeland Security (DHS). This is true even if they have no criminal convictions and DHS is targeting them based on allegations alone. If such individuals choose to apply for immigration benefits, they may be exposing themselves to serious risk. This practice advisory discusses what gangs and gang databases are, how allegations of gang membership arise in immigration cases, the over-inclusive process law enforcement employs to allege gang membership, and strategies to identify
Help for Immigrant Families: Guidance for Schools
As a trusted institution in immigrant families’ lives, schools can play a critical role in ensuring immigrant families have access to important information and resources during these turbulent and scary times. This document contains tips on what schools can do to help.
Unaccompanied Minors & The New Executive Orders
The Republican Administration has already issued multiple immigration-related Executive Orders and implementing memoranda. These orders and memoranda touch on nearly all areas of immigration enforcement, including the treatment of immigrant children. In this resource, we address possible ways that UACs may be affected by these sweeping changes. Keep in mind that we do not know how these policies will play out in practice, and there will likely be legal and advocacy challenges to their implementation.
Frequently Asked Questions in 1-Parent Special Immigrant Juvenile Status Cases in California Family Courts
In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.
Responding to the Needs of Unaccompanied Children
After a record number of unaccompanied children came to the United States in 2014, the U.S. is again responding to a new influx of children and families from Central America. This one-page resource sheet for individuals interacting with unaccompanied children in the U.S. can be used to help children get connected with legal, educational, medical, mental health, and faith-based services.
New California Laws Protecting & Providing Humanitarian Relief for Immigrant Youth
California recently enacted ten new laws to ensure liberty and access to justice for immigrants in our state. Two of those laws impact immigrant youth in particular:
Responding to Inappropriate RFEs & NOIDs in SIJS Cases
This practice advisory describes the recent increase in RFEs and NOIDs in Special Immigrant Juvenile Status cases, in which USCIS is requesting documents from the underlying state court proceedings. The advisory details arguments against disclosing state court documents and information to USCIS, and provides guidance on setting up your SIJS petitions for success from the outset.
Living in the United States: A Guide for Immigrant Youth
This guide is a compilation of resources for immigrant youth living in the United States. It includes general descriptions of immigration relief as well as general advice on applying for benefits, driver’s licenses, financial aid for colleges, bank accounts and credit cards, filing taxes, registering for the national service and military service, and more.
Special Immigrant Juvenile Status: A Primer for One-Parent Cases
Special Immigrant Juvenile Status (SIJS) cases, involving a claim of abuse, abandonment or neglect against one parent while the child resides with the non-offending parent, are commonly referred to as one-parent cases. These cases, though permissible under the plain language of the statute as well as federal agency interpretation, have proved challenging particularly at the state court phase of the application process and at times before U.S. Citizenship and Immigration Services (USCIS), the agency that adjudicates SIJS petitions. This advisory is intended to be a primer for practitioners to