Results

In light of the continued failure of the U.S. Congress to pass meaningful immigration reform and the continued dysfunction of our immigration system, President Obama announced a series of immigration policy changes though executive action during his presidency. This manual discusses the law, policy, and practice regarding the parts of President Obama’s executive action that have been implemented as of the time of this writing. These new changes, even if short-lived, can help many. They can provide individuals with much-needed immigration relief, and also provide a blueprint for future immigration policy and legislation. Many programs mentioned in this manual, such as parole, DACA, and the enforcement priorities, are in flux, particularly after the 2016 election. We therefore invite you to visit the Immigrant Legal Resource Center’s website at www.ilrc.org for updates and to join our education listserv by subscribing at www.ilrc.org/subscribe to receive email messages about updates to this manual as well as in-person and webinar trainings opportunities related to immigration executive actions.

An analysis of America’s counties and their voluntary assistance with deportations.

LGBTQ immigrants enjoy the same rights under immigration law as all other non-citizens. However, there are some areas where LGBTQ immigrants might face unique challenges. This resource is an outline of some special considerations for LGBTQ immigrants.

This resource identifies and explains some key provisions that cities and counties can enact in order to protect immigrants from discrimination and deportation.

In this issue: The ILRC outlines key priorities for 2017; Post-Conviction Relief and Protecting Constitutional Rights; Immigrants Benefit from California’s New Marijuana Reform; Harris County, TX: The “Deportation Capital” of the U.S.; California has the opportunity to lead the nation with dignity, not detention

This Question and Answer (Q&A) addresses potential changes in a Trump administration, written for domestic violence and sexual assault advocates and attorneys who are serving immigrant survivors of gender-based violence. This information may change as we learn more about the plans of the incoming administration. This document was written by Americans for Immigrant Justice, Asian Pacific Institute on Gender-Based Violence, ASISTA Immigration Assistance, Casa de Esperanza, Center for Gender & Refugee Studies, Freedom Network USA, Immigrant Legal Resource Center, Immigration Center for Women and Children, Dale E. Fowler School of Law at Chapman University, Minnesota Coalition for Battered Women, National Immigrant Justice Center, Tahirih Justice Center, and We Belong Together.

This advisory contains general information shared by USCIS staff during multiple stakeholder events in 2016.  It is authored by ASISTA, ICWC, ILRC, AILA, Just Neighbors Ministry, and Sanctuary for Families.

A new law will go into effect January 1, 2017 that will provide people who are no longer in custody with a new way to vacate legally invalid convictions. This advisory discusses how the law can help immigrants erase old convictions thus opening up new pathways to immigration relief.

This report provides a thorough analysis of California’s Proposition 64, or The Adult Use of Marijuana Act, and its potential impact on immigrants with marijuana offenses. The report covers the intersection of immigration and criminal law, the current impact of marijuana offenses on a variety of immigration outcomes, and the ways in which Proposition 64 could help mitigate the immigration consequences of some marijuana-related drug offenses. This report was generously funded by Drug Policy Action.

AB 813 Provides a New Vehicle to Vacate a California ConvictionSB 1242 Makes the 364-Day Misdemeanor Law RetroactiveSB 2792 (TRUTH Act) Protects the Rights of Immigrants in California Jails

Letter from 380 national, state, and local non-profit organizations to President Obama requesting that he expand Temporary Protected Status for El Salvador, Honduras, and Guatemala and provide relief from deportation to 1.2 million undocumented immigrants.

This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.

Letter from 102 law professors and scholars in the areas of immigration, migration, administrative, and international law to President Obama outlining the legal authority for the use of Temporary Protected Status for El Salvador, Honduras, and Guatemala to provide relief from deportation to 1.2 million undocumented immigrants.

Policy statement in opposition to U.S. Customs and Border Protection's proposal to collect the social media information of individuals entering the United States through the Visa Waiver Program.

In this issue: The ILRC Pushes Forward After a Disappointing Setback from the Supreme Court; 2016 Legislative Updates in California; New Americans Campaign Celebrates Fifth Anniversary with New Site; 2015 Annual Report

Immigration was one of the leading issues in our country in 2015. Animosity toward immigrants grew last year, and with it the threat of deportation and anti-immigrant policies. Thanks to our partners, allies, and the community, 2015 was a year we celebrated wins in our fight to advance immigrant rights. Read more in ILRC’s 2015 Annual Report.

This updated memo explores recent case law on immigration detainers and how the 2015 detainer forms are still constitutionally deficient.  Local jails who detain immigrants for ICE continue to risk liability for unlawful detentions.

A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliable evidence, including evidence from outside the record of conviction, to try to meet its burden of proving the relationship.

This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.

In November 2014, California voters passed Proposition 47, a historic record changing opportunity. The below resources are aimed at educating community members, advocates, and lawyers on the immigration benefits of Proposition 47.

The Immigrant Legal Resource Center, with our partners the Lawyers Committee for Civil Rights in the San Francisco Bay Area and Californians for Safety and Justice, are pleased to provide a manual on how to help immigrants get post-conviction relief in California.    Here is a link to the manual, and a separate link to the Practice Aids in the Appendices.

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.

In Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc) the Ninth Circuit held that if a statute is divisible, an applicant for relief must provide evidence from the reviewable record of conviction that proves that the conviction does not bar eligibility, under the modified categorical approach. An inconclusive record of conviction is not sufficient.

Effective January 1, 2016, a new California drug law will help defendants avoid catastrophic immigration consequences for minor offenses.

AB 1343 is a new law that safeguards due process for immigrants inthe criminal justice system by ensuring that immigrants are provided access to fair, honest, and competent legal advice.  Check out this infographic to learn more!