California Appellate Law on Special Immigrant Juvenile Status
In recent years, California’s appellate courts have provided guidance on the state court’s role in Special Immigrant Juvenile Status (SIJS) cases. The following decisions clarify many of the common questions that these cases present in state courts, including one-parent SIJS, notice and service issues, and the role of the state court
Introduction to Federal Rulemaking and Public Participation
Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to
2022 Winter Newsletter
In this issue: Fighting against Operation Lone Star, New Americans Campaign Update, and highlights from the 2022 Burton Awards and more!
The Central American Minors (CAM) Program
The Central American Minors program (CAM) is a hybrid refugee and parole program. It benefits minors in El Salvador, Guatemala, and Honduras who have a parent or legal guardian living in the United States under certain forms of immigration status. The program was first introduced in 2014, but was terminated in 2017 under the Trump administration. The Biden administration reinstated the program in 2021 and added new eligibility criteria. This advisory gives an overview of the CAM program including its refugee and parole components, as well as subsequent re-parole applications for existing
2021 Annual Report
Each year, the ILRC distributes thousands of copies of our 23 manuals and provides legal assistance on more than 8,000 issues to pro bono and nonprofit advocates, as well as public defenders, through our national Attorney of the Day service. In any given year, our staff attorneys conduct hundreds of trainings, community meetings, and workshops. In 2021, the ILRC held 193 in-person and online seminars and webinars for almost 15,000 attendees and participants. The ILRC also leads meetings and workshops where thousands of immigrants are screened for legal options while learning about their rights
Who is Eligible for VAWA?
The Violence Against Women Act (VAWA) has created opportunities for individuals to get protection from deportation, among other benefits, if they have suffered abuse from a spouse or certain family members. This brief overview walks through the immigration eligibility and benefits involved with VAWA.
An Overview of Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is available to individuals from certain countries designated by the Department of Homeland Security (DHS) who cannot return to their home countries due to natural disaster, armed conflict, or other conditions that make it unsafe. This overview guide shares key insights about TPS eligibility, benefits, and more.
Frequently Asked Questions: CA IDs For All
In September 2022, California Governor Gavin Newsom signed AB 1766 – CA IDs For All – which expands standard CA ID eligibility to all Californians, regardless of immigration status. In this downloadable guide, we walk through this new law’s implications, the opportunities for immigrants living in California, how this differs from AB 60 and the REAL ID, and more.
Stakeholder Call with USCIS on VAWA, U, T
This advisory contains general information shared by USCIS staff during the September 2022 stakeholder event. It contains notes compiled by the American Immigration Lawyers Association (AILA) VAWA, U, and T National Committee and reflects USCIS responses to questions posed by the committee and partners.
Fact Sheet on Penal Code § 372.5, effective Jan. 1, 2023
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
ILRC Comments to USCIS on Policy Manual Changes to Naturalization Disability Waivers
On October 19, 2022, USCIS published major revisions to their Policy Manual on the English and/or Civics disability waiver for naturalization applicants. Overall, these changes were a welcome improvement in access to the disability waiver. However, we opposed the sections in the revised Policy Manual and N-648 that add a question about understanding the oath of allegiance. The oath waiver and the English/civics disability waiver derive from separate sections of the law and have different eligibility standards.
ILRC Comments to USCIS on Policy Manual Changes to Naturalization Disability Waivers
On October 19, 2022, USCIS published major revisions to their Policy Manual on the English and/or Civics disability waiver for naturalization applicants. Overall, these changes were a welcome improvement in access to the disability waiver. However, we opposed the sections in the revised Policy Manual and N-648 that add a question about understanding the oath of allegiance.
Alert-October 2022 Changes to USCIS FORM N-648 and to the USCIS Policy Manual
This alert describes recent changes to the naturalization disability waiver. On October 19, 2022, USCIS announced major revisions to the Form N-648, which is used by naturalization applicants who seek a waiver of the English and/or civics requirement based on a disability or impairment that causes the applicant to be unable to learn or demonstrate knowledge of English and/or civics. USCIS also published major changes to the accompanying USCIS Policy Manual guidance.
New Options for Survivors of Trafficking and Domestic Violence
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
DACA Updates FAQ
On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision in the Texas v United States case. In their decision, the Fifth Circuit agreed with Texas and found that the DACA policy is unlawful but sent the case back to the Southern District of Texas to consider the recently issued final DACA rule. The Fifth Circuit maintained the court order allowing those who are eligible to continue to renew their DACA and apply for advance parole while the case is pending. More changes and updates are expected around the DACA policy as we wait for a decision. This resource is a list of
Questions for Sheriff Candidates
Sample questions about the sheriff’s policy positions on working with ICE that advocates or community members can use at candidate forums or other meetings. For more background information about sheriffs and their role in the deportation pipeline, see: https://www.ilrc.org/role-sheriffs-and-arrest-deportation-pipeline
Introduction to Consular Processing
Consular processing is one of ways an individual can obtain lawful permanent residence. This process is often confusing and daunting to individuals who do not regularly work on these types of cases since the process is completed with a U.S. consulate abroad and involves interaction with several government agencies. This practice advisory provides an overview of the steps involved in a consular processing case and some considerations to keep in mind.
If You Build It, ICE Will Fill It: The Link Between Detention Capacity and ICE Arrests
ICE has built and expanded a massive infrastructure of immigration jails, surveillance programs, and enforcement agents. The current enforcement-centered response to migration, supported by ever-increasing Congressional appropriations, has resulted in hundreds of thousands of deportations each year. Over the last two decades, the budget for ICE’s Enforcement and Removal Operations (ERO), which includes its account for immigration detention, has quadrupled. Prior to the COVID-19 pandemic, detention levels hit historic peaks of more than 50,000 people per day.
Explaining the Gonzalez v. ICE Litigation Against Ice Detainers
Gonzalez v. ICE is an important class action lawsuit raising fundamental questions about ICE enforcement practices, in particular the use of federal databases to target people for immigration detainers and arrests. This advisory explains the latest developments in the federal courts and how advocates can use these legal theories to defend their clients and communities.
An Overview of Initial Registration for TPS
This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time. It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to file in immigration court and when an eligible individual may qualify for late initial registration.
Confidentiality of Juvenile Records in California: Guidance for Immigration Practitioners
California has strict confidentiality laws that govern when and to whom records from dependency and youth justice (delinquency) proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile records. This guide provides an overview of the law and practical guidance for how to handle issues of juvenile confidentiality before USCIS.
AB 32 En Banc Decision at a Glance
On September 26, 2022, the Ninth Circuit en banc panel held that GEO group was likely to succeed in their lawsuit to find California's private prison and dertention ba (Bonta-AB 32) unconstitutional, and could continue seeking a preliminary injunction to block the law pending further proceedings at the lower court level. This summary provides a review of the Ninth Circuit Court of Appeals’ en banc decision. This legal breakdown was composed by the California Dignity Not Detention Coalition, with special thanks to NIPNLG and Pangea Legal Services.
How to Advocate for Persons Arrested by ICE
This one-page guide provides an overview of Prosecutorial Discretion and how it can be applied when someone has come in contact with ICE.
Introductory Guide to the Affidavit of Support
This advisory provides an introduction to the Affidavit of Support including various ways to meet the financial requirements, different types of sponsors who may submit Affidavits of Support, who is considered a “household member” for purposes of the Affidavit of Support, and exemptions to the Affidavit of Support.
Confidentiality Protections for Survivors of Domestic Violence, Human Trafficking and Other Crimes
Because survivors of domestic violence, sexual assault, and other crimes are among the most vulnerable populations in the immigration legal system, numerous laws and policies have been enacted to protect the confidentiality of their information and restrict the disclosure of that information. One source of important protections is codified at 8 U.S.C. § 1367 (Section 1367), which restricts identification of survivors with humanitarian relief claims and disclosure of their information.[1] This practice advisory discusses the ways in which federal law has been designed and implemented to protect
ILRC Comment on Proposed Revisions of EOIR Forms 31 (for DOJ Recognition) and 31A (for DOJ Accreditation)
EOIR recently published proposed changes to the forms used to apply for DOJ recognition and accreditation. ILRC submitted comments objecting to the changes, which add new and burdensome requirements for applicants. The information requested and the new documentary requirements exceed the requirements in the regulations.
Deferred Action for Childhood Arrivals (DACA) Final Rule Summary
The final Deferred Action for Childhood Arrivals (DACA) rule was published on August 30, 2022 and is set to go into effect on October 31, 2022. This rule is an attempt to “preserve and fortify” the DACA policy as directed by President Biden’s January 20, 2021, memorandum titled “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA).” This practitioner’s guide delves into aspects of the rule and discusses the future of DACA considering the Texas-led lawsuit challenge to the legality of DACA now pending at the Fifth Circuit Court of Appeals, the current injunction barring the
ILRC Commends USCIS on Extension of COVID Flexibility Policies
ILRC commended USCIS on its recent extension of COVID flexibility policies through October 23, 2022. In addition, we suggested some new COVID-related policies to ameliorate the impact of the pandemic, including longer extensions of time to respond to notices and decisions, adoption of a mailbox rule for filing deadlines, and allowing waivers to proceed despite death of a qualifying relative.