The Waste and Severe Harm of Immigration Prosecutions: Congress Should Reject Funding for Family Separations & Mass Incarceration
The Trump administration has ordered the prioritization of federal prosecutions for immigration-related offenses, including for simply entering the United States or reentering after removal without permission. Congress is considering budget proposals with hundreds of billions of dollars for border and immigration enforcement, including billions that would fund a dramatic increase in federal criminal prosecutions for immigration offenses. At the same time, some in Congress are again proposing legislation that would fuel mass incarceration by increasing penalties for those charged criminally for
Fact Sheet on Sanctuary Policies and 8 USC 1373
This brief fact sheet explains the federal statute of 8 USC § 1373 and its relation to policies limiting compliance with immigration detainers or other immigration enforcement assistance by local law enforcement agencies, also called “Sanctuary Jurisdictions.” These policies do not generally conflict with 8 USC § 1373 and therefore do not put localities in jeopardy of losing federal funds.
Overview of Comment Procedures on Federal Forms
This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating forms is the Paperwork Reduction Act (PRA).
Trump’s Executive Actions: Impact on Immigration Benefits and Processing
In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.
The Untenable Costs of Operation Lone Star (OLS)
Operation Lone Star (OLS) is an unconstitutional and deadly Texas law enforcement scheme that wastes vital state resources to target migrants for arrest, jail, and deportation. To date, nearly $11 billion has been spent on OLS. This policy brief delves into how misguided OLS has been for Texans from a financial perspective and provides recommendations for how OLS funds could be reinvested to support the everyday lives of Texans who need strengthened public services and infrastructure.
Immigration Enforcement Takeover at the Department of Justice
Following the new administration’s dramatic reorientation of all federal agencies into immigration enforcers, on January 21st, 2025, the DOJ issued a directive requiring all federal prosecutors to prioritize immigration prosecutions. The memorandum also threatens prosecutions and civil lawsuits to sanctuary jurisdictions and entities that seek to protect immigrants. In this analysis, we explain the different sections of the DOJ’s memo and what they mean for immigrants and federal courts nationwide.
Texas National Guard's MOU with CBP for Immigration Enforcement Authority
CBP has signed an agreement delegating immigration enforcement authority to the Texas National Guard. Under the President's "mass influx" declaration, local and state law enforcement agencies may take on civil immigration enforcement authority that they wouldn't otherwise have. These specific powers are designated in a Memorandum of Understanding signed with CBP. This quick explainer highlights what this MOU says, what this means for Texas, and how it relates to Operation Lone Star.
N-400 Documentation Guide
In 2024, USCIS issued a new Form N-400, Application for Naturalization, with more lengthy and complicated instructions on evidence that could be included. This guide will help practitioners understand what documents naturalization applicants must submit to the USCIS to accept and adjudicate the N-400 form and when to submit each document.
DACA & Advance Parole
On January 17th, 2025, the Fifth Circuit Court of Appeals (“Court”) issued its latest decision in the ongoing DACA litigation. While nothing has changed, and current DACA recipients can continue to renew their DACA and obtain both protection from deportation and work authorization, it is important to understand what the current state of DACA is and what can change in the future.
Seeking Administrative Closure and Termination: Using New EOIR Regulations in a Hostile Enforcement Environment
New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. In the current hostile enforcement environment, and in light of the rescission of formal guidance regarding prosecutorial discretion, these regulations are an important tool for advocates seeking to get clients out of removal proceedings.
Immigration In the Age of A Second Trump Term: Taking a Page out of Texas’ Playbook
Since Donald Trump was re-elected, headlines on immigration have sounded the alarm about his administration’s plans to effectuate mass deportations, increased detentions, and indiscriminate raids. For the past three years, Governor Greg Abbott has used Texas as a laboratory for these types of policies through Operation Lone Star (OLS). This resource aims to parallel the national moves on enforcement to what has already taken place in Texas, in hopes to better equip community members and advocates with the framework to fight back.
FAQ - Harris Country Sheriff's Office Enhanced Library Card Policy
Thanks to the years of community advocacy, the Harris County Sheriff’s Office (HCSO) will now accept the Harris County ELC, as a secondary identity document. This policy is effective as of August 19, 2024 and is only applicable to the HCSO. Training of HCSO officers and staff on the policy change is unclear. Other law enforcement agencies in Houston and Harris County do not currently accept the ELC as a form of identification (ID).
Using Indirect & Bystander Victim Theories to Expand U Visa Eligibility for Families
Eligibility for U Nonimmigrant Status, commonly known as the “U Visa,” hinges on whether the applicant has been the “victim” of a qualifying crime. The regulations implementing the U visa statute contemplate three categories of “victims” who may qualify for the U visa: direct, bystander, and indirect victims. This practice advisory provides a basic overview of the requirements for U nonimmigrant eligibility. It then discusses the definition of “victim” and three different ways to qualify as a victim for purposes of U visa eligibility. Finally, it addresses derivative eligibility for qualifying
Know Your Rights Toolkit
Advocates and community members can work together to fight messages of fear and panic by helping community members learn about their rights and how to protect themselves from ICE. The Immigrant Legal Resource Center has created a variety of materials to educate the community and prepare individuals for possible encounters with immigration authorities.
ILRC Comments on to U.S. House Committee on the Judiciary's “Restoring Immigration Enforcement in America”
The ILRC encourages Members of Congress to stand against this government-sponsored violence against immigrant communities. The demonization and dehumanization of immigrants by the president are an effort to sow fear and division. Mass deportations will make it impossible for our community members to thrive and live with safety and dignity.
California LLC Formation Documents
These forms aim to support DACA recipients living in California establish an LLC to continue earning a living outside of the confines of the program.
Illinois LLC Formation Documents
These forms aim to support DACA recipients living in Illinois establish an LLC to continue earning a living outside of the confines of the program.
Michigan LLC Formation Documents
These forms aim to support DACA recipients living in Michigan establish an LLC to continue earning a living outside of the confines of the program.
New York LLC Formation Documents
These forms aim to support DACA recipients living in New York establish an LLC to continue earning a living outside of the confines of the program.
Texas LLC Formation Documents
These forms aim to support DACA recipients living in Texas establish an LLC to continue earning a living outside of the confines of the program.
What a second Trump term could mean for asylum
When the first Trump administration took office in 2017, it immediately adopted restrictive policies on asylum, making it more difficult for asylum seekers to win their cases. Trump returning to office in January 2025 raises fears that asylum-seekers will once again be a focus of the administration’s anti-immigrant policies. Although the new administration will likely enact policies that are harmful to asylum seekers, certain changes would require Congressional action. Moreover, executive actions on asylum could be challenged in court. This alert explores what a second Trump term could mean
ILRC Comment on Securing the Border Final Rule
On November, 7, 2024, the ILRC submitted a comment on the final Securing the Border rule. ILRC had submitted comments on the interim final rule in July 2024, and reiterated our strong objections raised in that comment. The ILRC further objected to the inclusion of unaccompanied children in the threshold count for lifting the border restrictions and the expanded applicability and geographic reach of the Circumvention of Lawful Pathways rule.
ILRC Comment on proposed form I-360
On October 15, 2024, the ILRC submitted a comment on the proposed changes to Form I-360, encouraging USCIS to increase the accessibility of the form for pro se respondents, including Special Immigrant Juvenile Status Applicants and VAWA self-petitioners.
ILRC Comment on Legal and Advocacy Services for Unaccompanied Children
On November 25, 2024, the ILRC submitted a comment on the Office of Refugee Resettlement’s (ORR) changes to various legal advocacy forms for children in ORR custody.
Timeline of Adelanto’s Immigration Detention Contract
This timeline provides an overview of ICE’s contracts with the City of Adelanto and GEO Group for immigration detention services at the Adelanto ICE Processing Center and how those contracts have evolved over time.
Immigration Relief Toolkit for Criminal Defenders
Many noncitizen defendants are already deportable (“removable”). This includes all undocumented people, as well as lawful permanent residents (green card-holders) who have become deportable because of a conviction. If immigration authorities find these people – which is likely to happen – they will be deported unless they are granted some kind of immigration relief. For these defendants, staying eligible to apply for immigration relief is their most important immigration goal, and may be their highest priority in the criminal defense.