Results

On February 14, 2024, President Biden announced an 18-month Program of deferred enforced departure (DED) for Palestinians in the United States. This alert describes the content of the executive order. Eligible persons may apply for employment and travel authorization under the program when a notice is published in the Federal Register.

On Feb. 20, 2024, the ILRC sent a letter to DHS Secretary Alejandro Mayorkas and Attorney General Merrick Garland urging the release of regulations in 2024. The purpose of the letter is to encourage the Biden Administration to publish regulations regardless of the political concerns of the upcoming election year. The ILRC focused on the release of some proposed regulations that have been scheduled for publication, and also urged the administration to rescind and replace asylum regulations leftover from the previous administration, and also to refrain from publishing additional regulations that restrict asylum at the southern border.

This map displays the counties in Texas that have implemented policies and actions against immigrants, particularly under Operation Lone Star
(OLS) and anti-immigrant legislation. It is important to note that these findings are within the context of Texas being a state with a strong pro-incarceration and anti-immigrant stance.

Este mapa muestra los condados en Texas que han implementado políticas y acciones contra inmigrantes, en particular bajo el Operativo Lone Star (OLS). Es importante tomar en cuenta que lo que muestra el mapa es bajo el contexto de que Texas es un estado con opiniones fuertes a favor del encarcelamiento y sentimientos anti-inmigrantes.

En Texas, inmigrantes, migrantes y personas de color enfrentan riesgos de diferentes niveles. Sin embargo, ningunas áreas pueden ser consideradas santuarios o jurisdicción donde no estén bajo amenaza de los departamentos de policía local, estatal, y federal.

Para obtener más recursos sobre el Operativo Lone Star, visite https://www.endlonestar.com/



      

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) released a final fee rule that will go into effect April 1, 2024. This Community Alert delves into the provisions of the new rule including increased fees, expanded fee exemptions, and changes to fee waiver policy. This downloadable guide also offers some key takeaways and resources to find support for your immigration case.

In October 2021, the U.S. Department of Homeland Security (DHS) issued its T Visa Law Enforcement Resource Guide. The guide, published alongside updated guidance on T visas in the USCIS Policy Manual (USCIS-PM), advises law enforcement agencies on providing T visa certifications, a crucial form of evidence in T visa applications. This practice advisory gives an overview of the resource guide and how practitioners can utilize it to advocate for law enforcement agencies to provide law enforcement certifications to survivors.

This slide deck was created by a coalition of organizers, activists, and attorneys in Texas to be publicly available for use as a resource when conducting know-your-rights presentations on Texas SB 4/ HB 4.

Community leaders, organizers, and activists are welcome to use this full slide deck as provided, or select the slides that are applicable to your presentation needs.

Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.

This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.

Law enforcement agencies in California have been responding to requests for U visa certifications for many years to allow immigrant survivors of crime and their family members to apply for U nonimmigrant status. However, until 2016 there was no statewide standard or protocol for certifications. Several bills have passed in the meantime to further streamline the process. Most recently, AB 1261 was signed into law in October 2023 and went into effect on 01/01/2024. The Immigrant Legal Resource Center and the Los Angeles Center for Law and Justice wrote this advisory to summarize California state laws on U visa certifications, including the newest provisions.

Texas-based organizations comprised of, representing, and serving individuals and communities directly impacted by border enforcement measures write to Texas Members of Congress to seek solidarity and to implore not to worsen the crisis by layering over sweeping new federal border and asylum restrictions. The organizational letter highlights how these changes would have disastrous consequences not only for migrants but for Texas communities, who are presently living under the oppressive and unconstitutional Operation Lone Star.

If you are hoping to attain lawful permanent resident status (getting a green card) or apply for an immigrant visa as a “child” and your 21st birthday is coming up, read this Community Alert to learn about how changes to USCIS’ interpretation of a law called the Child Status Protection Act might impact you.

This downloadable flyer is designed to raise awareness about the misinformation that often circulates in the undocumented community about the viability of qualifying for lawful permanent resident status solely for having lived in the U.S. for at least 10 years.

Criminal Convictions can have serious consequences on peoples’ lives – especially non-citizens who wish to stay in the United States. Many immigration benefits have criminal bars, meaning that certain convictions will prevent you from getting a lawful immigration status, like permanent residence (green card). This Community Explainer offers some options for those who have had certain convictions related to domestic violence or human trafficking, with insights about how to define these crimes, some example scenarios, and explanations about the benefits of a legal tool called a “vacatur.”

This Community Alert provides an overview of new eligibility changes for full-scope Medi-Cal for income-eligible Californians, regardless of immigration status. Available for download in English and Spanish.

In this issue: highlights from our work against Operation Lone Star, reflections from our NAC Conference in Houston last year, and a summary of our annual Burton Awards ceremony.

ILRC submitted this comment on the many proposed changes to U Visa Forms I-918, I-918A, and I-918B. ILRC commended the agency for many changes, including shortening Forms I-918 and I-918A and removing many questions about rare grounds of inadmissibility. ILRC also provided suggestions for how the agency could further streamline Forms I-918 and I-918A, and raised concerns about the expansion of Form I-918B.

This practice advisory addresses what a practitioner can and should do when DHS submits an I-213 to prove “alienage” or any other facts in a case. After a brief discussion of the purpose of an I-213 and why DHS often submits it during removal proceedings, this advisory discusses objections that practitioners should consider making in order to exclude the I-213 from the record in removal proceedings or, at a minimum, to argue that the I-213 should not be given any significant weight by the immigration judge. It discusses how to overcome the presumption that I-213s are inherently trustworthy and concludes with a synopsis of when and how to submit a motion to suppress in cases involving regulatory or constitutional violations.

This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.

ILRC wrote to USCIS leadership on behalf of local programs representing naturalization applicants with disability waivers in LA County USCIS. Despite major changes to the USCIS Policy Manual and Form N-648 on October 22, 2022, this office of USCIS resists implementation of the new guidance and continues to be dismissive and hostile towards applicants with disability waivers.

Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.

Former Immigration Judges with decades of experience as immigration law experts released this statement, stating that the proposed Texas legislation, HB4 & SB4, which would allow a state court magistrate judge to issue a removal order is not lawful.

This is ILRC’s comment on the proposed EOIR rule (the rescission of what we referred to as Trump’s “Death to Due Process Rule”). The Trump rule attempted to change case briefing schedules, case timelines, judges’ control over cases, etc. – all in ways that would make it even harder for folks in immigration court to obtain immigration relief. ILRC has engaged in substantial advocacy to get rid of this rule, including being a plaintiff in the case challenging this Trump rule

On November 7, 2023, the ILRC submitted this comment on USCIS’s proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment provides detailed suggestions for alterations to the proposed form as well as suggested language the agency should include. ILRC urged the agency to revise the form to reduce barriers to permanent residence for applicants and adjudicators and to focus on ensuring that the form is accessible for pro se applicants.

ILRC led a sign-on effort to provide comment to USCIS on the proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment, submitted November 7, 2023, received over 120 signatures and requested that the agency revise the form for efficiency and to remove barriers to eligible applicants.

ILRC submitted this comment on the N-600 Certificate for Citizenship on October 26, 2023, with suggestions on how to make the form more accessible and consistent with current law and policy, thus increasing access to citizenship.

If you are a DACA recipient living in California and facing financial challenges, you can get your renewal filing fees covered by connecting with and getting support from a participating direct services organization found in the directory below. Note that this support is only available until the end of 2023.