Practice Alert on Flores v. Sessions: Ninth Circuit Holds that All Detained Children Have the Right to a Bond Hearing
This practice alert provides a summary of Flores v. Sessions, a recent Ninth Circuit decision that held that all detained children have the right to a bond hearing. It discusses why Flores v. Sessions was necessary, what its impact may be for detained youth, and details practice tips for advocates representing detained children seeking bond hearings.
Sessions' Legal Memo on the Executive Order Defunding Sanctuary Cities
In May 2017, Attorney General Sessions issued a memo clarifying the interpretation of Trump's Executive Order to de-fund "sanctuary furisdictions." The Memo narrowly defines "sanctuary jurisdictions" and explains that the de-funding threat only applies to a few grant programs. This advisory explains what Sessions' Memo said, and how it affects communities that might be considered "sanctuary jurisdictions."
Alien Smuggling: What It Is and How It Can Affect Immigrants
Alien smuggling can affect an immigrant in several different ways: Alien smuggling is a ground of inadmissibility, a ground of deportability, a bar to good moral character, and a conviction for alien smuggling is an aggravated felony. Screening for alien smuggling is particularly important in light of Secretary of U.S. Department of Homeland Security John Kelly’s memoranda directing his agency to prioritize immigration enforcement against alien smugglers, and U.S. Attorney General Jefferson Sessions’ directive to federal prosecutors to prioritize prosecution of alien smuggling. This
Letter from 300+ National, State, and Local Organizations Opposing USCIS Director Confirmation
Letter from 300+ national, state, and local non-profit organizations to the U.S. Senate opposing Lee Francis Cissna's nomination for director of U.S. Citizenship and Immigration Services and asking senators to "hold" his nomination.
Immigration Relief for Immigrant Survivors of Abuse: Comparative Quick Reference Chart
This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.
Rose Cahn’s Testimony before the US Commission on Civil Rights’ Hearing on Collateral Consequences
In May, the US Commission on Civil Rights convened a hearing on collateral consequences. The Commission solicited testimony from thought leaders about the lingering consequences that convictions can cause. Rose Cahn submitted testimony regarding the intersection of crimes and immigration law and laid out clear policy recommendations for jurisdictions interested in mitigating or eliminating the immigration consequences of criminal convictions.
Letter from NGOs Opposing H.R. 3003 and H.R. 3004
Letter from 400+ national, state, and local non-profit organizations opposing H.R. 3003, the No Sanctuary for Criminals Act, and H.R. 3004, Kate's Law.
Using Your Red Cards
Please reference the below documents for examples of the Red Cards in action. Special thanks to CultureStrike for creating helpful illustrations!
Adjusting Prosecutor Filing and Disposition (FAD) Standards to Recognize Disproportionate Consequences for Non-Citizens
This document provides guidelines to prosecutor offices on considering the immigration consequences of criminal cases.
Sample One-Page Order Granting 1473.7 Motion
So you’ve won a 1473.7 motion, now what? For immigration purposes it’s important to document the victory and secure a signed order from an immigration judge. The signed order need not go into great detail; under Matter of Pickering, it is sufficient for the order to state generally that the conviction was vacated on a ground of legal invalidity. Attached please find a sample order for a grant of a 1473.7 motion.
ILRC Statement on H.R. 495, the “Protection of Children Act”
The ILRC joins numerous child welfare and immigration advocates across the country in urging all members of the House Judiciary Committee to protect the best interests of children by opposing H.R. 495, the “Protection of Children Act.” H.R. 495 asks Congress to break away from long-held standards of child welfare in the United States. This bill inhumanely seeks to strip vulnerable children of existing legal protections, and goes a step further to encourage the increased deportation of these children back to the very danger they fled from.
SB 4 Community Advisory
This resource offers background on what you should know about SB 4, the new Texas law regarding immigration enforcement, and how you can protect yourself and your loved ones.
Supreme Court Rules on Sexual Abuse of a Minor
Cal. P.C. § 261.5(c) is not an aggravated felony, but the law may change for the worse on § 261.5(d)Esquivel Quintana v. AG Sessions (May 30, 2017)
Fair Treatment Denied
Report by the ILRC that estimates the number of current and future undocumented immigrants that could be deported without due process under President Trump's forthcoming expansion of expedited removal.
Letter from 200+ National, State, and Local Organizations Opposing H.R. 2431
Letter from National, State, and Local non-profit organizations opposing the Trump Mass Deportation Act (The Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act, H.R. 2431).
T Visas: What They Are and How They Can Help Your Clients
This practice advisory is designed to introduce legal workers to the T visa. It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa applicants.
The Promise of Sanctuary Cities and the Need for Criminal Justice Reforms in an Era of Mass Deportation
Local criminal justice policies, such as vagrancy laws and cash bail requirements, endanger vulnerable immigrant populations and undercut the promise of “sanctuary” cities, according to a report released today by Harvard Law School’s Fair Punishment Project, the Immigrant Defense Project, and the Immigrant Legal Resource Center. The report urges city and county leaders who want to protect immigrants to act swiftly to end harmful criminal justice practices that criminalize poverty and send undocumented residents into the deportation pipeline.
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.