TPS for Honduras and Nicaragua Frequently Asked Questions
On November 6, 2017, the Department of Homeland Security (DHS) announced changes to the Temporary Protected Status (TPS) program that impact TPS holders from Honduras and Nicaragua. On December 15, 2017, DHS published notices in the Federal Register explaining how TPS holders from these two countries can re-register and re-apply for work permits, or Employment Authorization Documents (EAD).
Changes to the Form I-485, Application for Adjustment of Status
USCIS recently updated the Form I-485, Application to Adjust Status. Among other notable changes, the new form has increased in length from six pages to 18 pages, the form instructions are now 42 pages, and the section on eligibility and inadmissibility has been expanded to include entirely new questions about working without authorization, false claims to U.S. citizenship, and unlawful voting. This advisory provides an overview of changes to the Form I-485, and discusses a few new or changed questions that we think merit particular attention. The changes we discuss apply to both the June
Introduction to Conditional Permanent Residence and Filing the Petition to Remove the Conditions on Residence (Form I-751)
This practice advisory is designed to introduce practitioners to the concept of Conditional Permanent Residence, and to explain the requirements and processes for removing the conditions on residence, thereby enabling the conditional resident to obtain Lawful Permanent Residence that can last indefinitely.
New California Pretrial Diversion for Minor Drug Charges
As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction for immigration purposes. This Advisory will discuss how pretrial diversion works, and how to assist immigrants who went through the old Deferred Entry of Judgment.
Replacing Immigration Documents
It is important to maintain valid immigration documents. Unfortunately, when unexpected natural disasters such as fires, floods, or earthquakes occur, documents may be destroyed or lost. This can leave you unprotected and vulnerable without a way to travel, verify authorization to work, prove U.S. citizenship, identify yourself, or check on pending applications. Below is information on the process to request replacement documents, what evidence you will need to file, and the associated filing fees.
California Laws Passed in 2017 Pertaining to Immigrants
This is a comprehensive (but not exhaustive) list of important laws passed in California in 2017 pertaining to immigrants, spanning the areas of education, housing, employment and worker's rights, healthcare, criminal justice/law enforcement, immigration detention, and gang databases.
Immigration Enforcement & Child Welfare
This resource for child welfare social workers provides updates on immigration policy affecting children and families, discusses how immigration enforcement impacts the child welfare system, describes protections that exist to help keep immigrant families intact, and provides resources for social workers to support and work more effectively with immigrant families.
Overview of AB 699
AB 699 is California’s new bill on education equity around immigration and citizenship status. Starting Jan. 1, 2018, AB 699 requires that all local educational agencies in California implement additional protections to ensure that all students, regardless of immigration status or country of birth, have the opportunity to pursue their education without undue fear or risk.
The Immigrant Advocate - Winter 2017
In this issue: Post-DACA Legislation Proposals; The ILRC Covers Ground in D.C.; Legislative Victories: A Cause for Cautious Celebration; The Wall: A Symbol of Inhumanity; The ILRC Helps Support Santa Clara County Immigrant Outreach Day; and much more!
Know Your Rights Script & Skit
The Know Your Rights Skit is a guide for presenting know your rights materials in the case of contact with ICE. The document includes a skit which is designed to educate participants while reducing fears.
Practice Alert on Ramirez v. Brown, November 2017 Update: Adjustment Opportunities for People with TPS and People Whose TPS Will Expire
The recent Ninth Circuit Court of Appeals decision, Ramirez v. Brown, provides an opportunity for certain people with Temporary Protected Status (TPS) to apply to adjust status. This advisory explains the implications of the Ramirez decision, with examples to illustrate. This advisory is particularly significant for people, such as TPS holders from Nicaragua, whose TPS will end.
Resources to Prepare for Raids and Other Immigration Enforcement Actions
The attached document is a compilation of resources to help organizations and service providers prepare for immigration enforcement actions.
New Immigration Jail Legislation Infographic
Recent California legislation, SB 29 and AB 103, places a check on the expansion of immigration jail in our state. This infographic provides an overview of these two new bills and explains how they work together to limit the growth of the immigration detention system.
Legislation to Replace DACA in 115th Congress
This practice advisory provides a summary of five bills introduced by Congress as of October 11, 2017 that would provide relief to recipients of the Deferred Action for Childhood Arrivals (DACA) program that was terminated by the Trump Administration. This advisory summarizes the eligibility requirements and consequences for each of the five bills: Dream Act; Bridge Act; RAC Act; American Hope Act; and the Succeed Act.
Draining the Trust Funds: Ending DACA and the Consequences to Social Security and Medicare
October 2017 report by the ILRC and Professor Tom K. Wong estimating the cost that ending DACA would have to the Social Security and Medicare trust funds over ten years. The report that concludes that the end of DACA will lead to $39.3 billion in losses to Social Security and Medicare contributions over ten years, half of which represents lost employee contributions and half employer contributions. Of these losses, $31.8 billion represents the decrease in Social Security contributions and $7.4 billion in Medicare contributions. This report represents an update of a previous report released by
Letter from 500+ Organizations to Dream Act Sponsors re: Expungements
Letter from 500+ national, state, and local organizations requesting that the Dream Act of 2017 sponsors adopt more flexible requirements in regards to expungements and misdemeanors.
¿Quien Puede Solicitar su Residencia a Través del Proceso de “Ajuste de Estatus”?
Sobre la base de una reciente decisión del Noveno Circuito o viajando por Advance Parole, una persona que entró inicialmente sin inspección en los EEUU puede ajustar de estatus y solicitar la residencia permanente. Este aviso en español contiene información para personas con el estatus de protección temporal y para personas que viajaron con Advance Parole sobre cómo pueden ser elegibles para este proceso.
Know Your Rights: A Guide for Immigrants in the California Criminal Justice System
This guide provides fundamental Know Your Rights information to immigrants in California’s criminal justice system. It provides a review of what immigrants should know once in criminal custody, as well as what to expect if they are transferred to immigration custody.
Representing Clients in Bond Hearings: An Introductory Guide
This introductory guide to representing clients in bond hearings is divided into two sections. The first covers basic bond topics that advocates are likely to encounter when representing any client in a bond hearing. Section two includes a review of more advanced bond topics, including how to challenge mandatory and prolonged detention.
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
The Immigrant Advocate - Summer 2017
In this issue: The ILRC Champions Sanctuary for Immigrants; AB 103 | Victory Halts California Immigration Detention Center Expansion; Coverage of the 2017 Phillip Burton Immigration and Civil Rights Awards; and the 2016 Annual Report