Resources
Publication Date
10/12/2015
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.
Resources
Publication Date
06/05/2015
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.
Resources
Publication Date
03/12/2015
Advocates may find that some state court judges are unfamiliar with Special Immigrant Juvenile Status (SIJS), or uncomfortable with their role in helping an individual access a form of federal immigration relief. This resource is intended to help advocates address the concerns of state courts with respect to Special Immigrant Juvenile Status petitions.
Resources
Publication Date
03/12/2015
Special Immigrant Juvenile Status is a unique, hybrid form of immigration relief that requires the involvement of state courts before a child is eligible to apply for a special immigrant juvenile visa with U.S. Citizenship & Immigration Services. This guide includes an overview of the process of requesting SIJS findings in different types of state courts in California, providing answers to common questions about this process as well as practice pointers for different types of proceedings in California.
Resources
Publication Date
03/12/2015
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 help them successfully advocate for SIJS where one-parent SIJS claims are involved.
Resources
Publication Date
10/30/2014
SB 873 appropriates $3M to provide legal representation for Unaccompanied Minors in removal proceedings. The law also eliminates any ambiguity that California Superior Courts, including family courts, have jurisdiction to make the findings necessary for Special Immigrant Juvenile Status (“SIJS”). This fact sheet outlines how the law benefits Unaccompanied Minors, including practice tips for how advocates can leverage the law to improve practice in state court for SIJS petitions.
Resources
Publication Date
09/10/2014
This chart is a compilation of resources for advocates working with Unaccompanied Immigrant Children (“UAC”) and includes general resources for working with and representing the UAC population, immigration options for UACS, laws affecting UACs, overview of the immigration detention and deportation process for immigrant children, and legal know your rights for children.
Resources
Publication Date
09/09/2014
Visual map of what may happen to immigrant children in the immigration system including apprehension, detention, immigration court, and deportation.
Resources
Publication Date
08/26/2014
On September 30, 2012, the state of California enacted the Reuniting Immigrant Families Act (“SB 1064”). SB 1064 is the nation’s first law addressing the reunification barriers faced by many immigrant families involved with the child welfare system. The law clarifies that maintaining children’s ties to their families remains the priority despite barriers imposed by immigration status, including immigration detention and deportation.
Resources
Publication Date
08/26/2014
In 2013, U.S. Immigration and Customs Enforcement (ICE) issued a Parental Interests Directive to provide federal guidelines regarding immigration enforcement against parents and legal guardians. The Directive emphasizes that ICE should respect an immigrant parent’s rights and responsibilities, and seeks to ensure that “immigration enforcement activities do not unnecessarily disrupt” parental rights. This resource summarizes the key provisions of the Directive and provides tips to those working within the dependency system on how to best ensure an immigrant parent can meaningfully participate in the dependency proceedings.
Resources
Publication Date
07/08/2014
This op-ed on Unaccompanied Alien Children was written by one of our summer law interns, Kathleen Kavanagh. In recent months, we’ve seen an unprecedented jump in child arrivals mostly from Honduras, El Salvador, and Guatemala. The Official Border Patrol statistics show that over 47,000 unaccompanied minors have already been apprehended in the first eight months of fiscal year 2014.Read the entire article below.
Resources
Publication Date
05/01/2012
Highlighting Changes Implemented by the Trafficking Victims Protection and Reauthorization Act (03/2009): These are materials from our March 2009 webinar which highlighted important new changes implemented by the Trafficking Victims Protection and Reauthorization Act of 2008 (signed into law on December 23, 2008) to the eligibility requirements for filing a Special Immigrant Juvenile Status (SIJS) petition. Expert practitioners provided strategies to overcome challenges posed in obtaining SIJS, including obtaining juvenile court orders from dependency, delinquency, and probate courts and obtaining specific consent to apply for SIJS while a child is in federal custody. If you are interested in participating in this webinar if held in the future please email seminars@ilrc.org.
Resources
Publication Date
11/19/2010
Immigration Benchbook for Juvenile and Family Courts, Updated July 2010 (PDF, 2010) This is a national benchbook for juvenile and family court judges on various immigration related issues including: Special Immigrant Juvenile Status, adoption, VAWA, U Visas, divorce, child custody, immigration consequences of delinquency and crime, and immigration enforcement.