Resources
Publication Date
05/09/2018
Upon the January 1, 2017 enactment of Penal Code 1473.7, the LA District Attorney took the position that the motions were not ripe unless a final removal order or notice to appear had issued. Thanks to advocacy of organizations and individuals, especially Harland Braun, on April 17, 2018, the LA District Attorney Office changed their policy noting that “the Office is persuaded that the Legislature intended section 1473.7 to apply regardless of whether the moving party has received notice of removal proceedings or a removal order.”
Resources
Publication Date
05/03/2018
The final step in the naturalization process is the oath of allegiance to the United States. The oath demonstrates loyalty to the United States and the Constitution. All applicants must demonstrate that they are “attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.” The oath also includes statements that the applicant is willing to “bear arms on behalf of the United States,” and “perform noncombatant service in the Armed Forces” when required by law.
Resources
Publication Date
05/03/2018
This resource contains a chart comparing various federal legislative proposals attacking sanctuary jurisdictions.
Resources
Publication Date
05/01/2018
Resources to understand Dimaya v. Sessions, a decision by the Supreme Court to invalidate part of the immigration law on constitutional grounds.
Resources
Publication Date
04/30/2018
Recent government announcements and court cases on DACA have created confusion around who can apply, when they can apply, and how they can apply for DACA. To mitigate this confusion, here is an informational FAQ for your reference.
Resources
Publication Date
04/27/2018
This infographic provides a simple, visual representation of the current status of the DACA program.
Resources
Publication Date
04/16/2018
Since 1986, the Continuing Education of the Bar, in its “Crim Law Bible,” California Criminal Law Procedure and Practice, has included a chapter about representing the noncitizen criminal defendant. This chapter and the advice therein is often cited as establishing the prevailing professional norms at the date of any given conviction.
Resources
Publication Date
03/29/2018
In October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. This practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the Reserve Components. This practice advisory was jointly authored by the Immigrant Legal Resource Center, the National Immigration Forum, and the New Americans Campaign.
Resources
Publication Date
03/07/2018
This guide provides California employers with guidance in the event of ICE workplace enforcement including a brief introduction to immigration enforcement, a review of rights and best practices if ICE comes to the workplace for both employers and employees, and a list of additional resources.
Resources
Publication Date
03/02/2018
In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an introduction to U nonimmigrant status and details its benefits for LPRs facing deportation, as well as the particular issues LPRs may face in seeking this form of protection.
Resources
Publication Date
02/14/2018
Vote No on Heller 1954 Criminal Alien Gang Member Removal Act: Policy statement in opposition to the Criminal Alien Gang Member Removal Act, which if passed would lead to unchecked racial profiling and other unconstitutional police practices.
Resources
Publication Date
02/13/2018
This infographic shows options for how a TPS holder may be able to get a green card through a U.S. citizen family member.
Resources
Publication Date
02/12/2018
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.
Resources
Publication Date
02/08/2018
This advisory discusses the provisions of SB 54 (De Leon) and the California Values Act, relevant to criminal defense counsel who represent noncitizen clients. In addition to discussing specific provisions of the California Values Act, this advisory discusses how to incorporate this new law into your defense practice.
Resources
Publication Date
02/07/2018
This resource analyzes congressional proposals on gangs, discusses how gang affiliation impacts immigration enforcement, and discusses solutions and examples.
Resources
Publication Date
02/07/2018
This resource discusses how current immigration laws criminalize individuals, and provides analysis of current congressional proposals.
Resources
Publication Date
02/07/2018
This resource provides analysis on why congressional proposals to expand penalties for reentry prosecutions should be rejected.
Resources
Publication Date
02/06/2018
On November 20, 2017, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for Haiti. This TPS designation was supposed to expire on January 22, 2018. DHS has given TPS holders from Haiti an additional 18 months of TPS status (until July 22, 2019) and it is unlikely that TPS for Haiti will be extended past that date.
Resources
Publication Date
02/01/2018
As teachers are the individuals interacting with students and their families on a daily basis, the following resources may be useful to educators as they work with students, parents, and community members. This packet can help disseminate material learned in trainings to make sure useful resources are in the hands of those who are best able to share this information.
Resources
Publication Date
02/01/2018
This table provides state law statutes and descriptions of existing laws that require people to identify themselves to law enforcement officers—also known as Hiibel laws or Stop-and-Identify laws. The nuances of requirements under these laws may vary, but the chart provides a preliminary survey and research of statutes across the country, to educate individuals about their own state requirements and provide a first step for deeper research.
Resources
Publication Date
02/01/2018
In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can erase or mitigate certain criminal grounds of removability.
Resources
Publication Date
01/31/2018
This advisory is a follow-up to the ILRC’s free webinar on hardship in waivers from the fall, 2017. Given the volume of questions received during the webinar and overall strong interest in this topic (over 1,000 people registered for this webinar!), this advisory covers the basics and also incorporates frequently asked questions. In this practice advisory you will find an overview of hardship in waivers: when you need to prove hardship, whose hardship counts, and what is hardship. It also covers tips and strategies for analyzing and proving “extreme hardship” in your case by using USCIS guidance, case law, and working closely with your client.
Resources
Publication Date
01/26/2018
This is a summary of the California Criminal and Immigration Laws Passed over the last several years to mitigate the impact of deportations, immigration enforcement, and immigration detention.
Resources
Publication Date
01/25/2018
Sanctuary policies have continued to grow over the first year of the Trump administration. This detailed report describes what sanctuary policies are and how they are enacted across the country, detailing the changes in 2017 and providing context to the public discourse about local policies related to immigration.
Resources
Publication Date
01/25/2018
This article was written by Rose Cahn and former prosecutors from Fair and Just Prosecution for the American Bar Association, Criminal Justice Magazine, Winter 2018, Volume 32, Number 4.
Resources
Publication Date
01/22/2018
On January 8, 2018, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for El Salvador. This TPS designation was supposed to expire on March 9, 2018. DHS has extended TPS for El Salvador for a final 18-month period (until September 9, 2019) and has not indicated that they plan to extend or renew TPS for El Salvador past that date. On January 18, 2018, DHS published a notice in the Federal Register explaining how TPS holders from El Salvador can re-register and re-apply for work permits, or Employment Authorization Documents (EAD). This is a summary of what you can do now.