Know Your Rights and What Immigrant Families Should Do Now
It’s important for everyone to know their rights if approached by an immigration (ICE) agent as well as how families can best prepare for something happening. This resource provides practical tips for things immigrant families can do now to prepare as well as information on rights everyone has in the United States, regardless of immigration status.
Understanding Allegations of Gang Membership/Affiliation in Immigration Cases
Immigrants who are alleged to be involved with gangs are top immigration enforcement priorities for the Department of Homeland Security (DHS). This is true even if they have no criminal convictions and DHS is targeting them based on allegations alone. If such individuals choose to apply for immigration benefits, they may be exposing themselves to serious risk. This practice advisory discusses what gangs and gang databases are, how allegations of gang membership arise in immigration cases, the over-inclusive process law enforcement employs to allege gang membership, and strategies to identify
FAQ on Trump’s Executive Order on Sanctuary Cities
President Trump issued an Executive Order on immigration enforcement in January 2017. The Order included sections ordering that sanctuary cities would not be eligible to receive federal funding. This fact sheet breaks down the key issues raised by the Executive Order, examining the possible meanings of the order, and the legal limitations on what the President can do.
Naturalization Reduced Fee Option and Fee Waiver
This practice advisory reviews options for naturalization applicants who cannot afford the filing fee for the Form N-400, Application for Naturalization: the reduced fee option (Form I-942) and the USCIS fee waiver (Form I-912). The practice advisory also provides resources and tips for completing either application.
Redacted Sample Penal Code 1473.7 Motion to Vacate
Students at the UC Irvine Immigrant Rights Clinic prepared a Penal Code 1473.7 motion to vacate for one of their clients and offered it as a resource for others filing similar motions. This motion is a reference tool only, and should not be used as a template or a model, nor should it be reproduced without substantial alterations. If you are filing a 1473.7 motion, you must perform your own legal research and draft your own materials, as the law in this area is rapidly changing and case-specific motions have significantly higher success rates in criminal courts.
Sample Post-Conviction Relief Intake Form in English & Spanish
This intake form, available in both English and Spanish, is designed to assist legal service providers and nonprofit organizations interested in screening clients for immigrant post-conviction relief services.
Economic Contributions by Salvadoran, Honduran, and Haitian TPS Holders
Report by the ILRC that calculates the economic losses of ending TPS for El Salvador, Honduras, and Haiti. Losses include cost to taxpayers, GDP reduction, decrease in Social Security and Medicare contributions, and turnover costs for businesses.
Practice Advisory: Aggravated Felonies
The immigration statute designates certain types of crimes as “aggravated felonies.” See INA § 101(a)(43), 8 USC § 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can include selling $10 worth of marijuana, a misdemeanor shoplifting offense with a one-year suspended sentence, or failure to appear at a criminal hearing. The person must be convicted of the offense, not merely commit it, for aggravated felony penalties to apply.
Help for Immigrant Families: Guidance for Schools
As a trusted institution in immigrant families’ lives, schools can play a critical role in ensuring immigrant families have access to important information and resources during these turbulent and scary times. This document contains tips on what schools can do to help.
Los Derechos de los Residentes Permanentes Legales
Los residentes permanentes siguen teniendo todos los mismos derechos. Este document tiene información sobre sus derechos y cosas que debe tener en cuenta si desea viajar fuera de los Estados Unidos, ha sido condenado por un crimen o es elegible para naturalizarse para convertirse en ciudadano estadounidense.
Plan de Preparación Familiar
Cada familia debe tener un plan de preparación. Aunque nuestro deseo es que usted nunca tenga que usar este plan, es buena práctica de tener uno a la mano para reducir el estrés de lo inesperado. Este paquete le ayudará a crear un plan de preparación familiar, independientemente de su estatus migratorio. Sin embargo, por los retos adicionales que los inmigrantes y familias con status migratorios variados enfrentan, también tenemos consejos adicionales para los inmigrantes.
Unaccompanied Minors & The New Executive Orders
The Republican Administration has already issued multiple immigration-related Executive Orders and implementing memoranda. These orders and memoranda touch on nearly all areas of immigration enforcement, including the treatment of immigrant children. In this resource, we address possible ways that UACs may be affected by these sweeping changes. Keep in mind that we do not know how these policies will play out in practice, and there will likely be legal and advocacy challenges to their implementation.
Law Professor Letter to President Trump Regarding Constitutionality of Executive Order on Sanctuary Cities
Letter from 292 law professors and scholars in the areas of immigration, migration, constitutional, administrative, and international law to President Trump stating that section 9(a) of Executive Order 13768, which directs the federal government to terminate federal funding for so called "sanctuary" jurisdictions, is unconstitutional.
Plan de Proteccion Familiar
This resource in Spanish includes tips for community members to remain calm, get informed, be prepared and stay safe in the current deportation climate.
Letter from 850+ NGOs to President-Elect Trump Requesting His Administration Continue DACA
Letter from 850+ national, state, and local non-profit organizations to President-elect Trump requesting that he continue Deferred Action for Childhood Arrivals (DACA) in light of the public safety, economic, and humanitarian benefits.
Practical Strategies for Immigration Relief: Family-Based Immigration and Executive Actions
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
Searching for Sanctuary
An analysis of America’s counties and their voluntary assistance with deportations.
Special Considerations for LGBTQ Immigrants
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.
Local Options for Protecting Immigrants
This resource identifies and explains some key provisions that cities and counties can enact in order to protect immigrants from discrimination and deportation.
The Immigrant Advocate - Winter 2016
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
Post-Election Q&A for Advocates and Attorneys Serving Immigrant Survivors of Gender-Based Violence
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
Notes and Practice Pointers from USCIS VAWA, U, and T Visa Stakeholder Events 2016
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.