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.
The 21st Birthday Eligibility Cutoff for SIJS
Under current USCIS regulations, any person under 21 years of age who otherwise meets the eligibility requirements may be granted SIJS. This practice alert addresses many of the unsuccessful arguments that USCIS has not accepted when a petition received by USCIS after the youth turns 21. In rare cases, USCIS has accepted petitions received after the petitioner’s 21st birthday when there is proof that the petition was improperly rejected or receipted by USCIS before the deadline. This practice alert primarily focuses on USCIS Administrative Appeals Office (AAO) decisions and limited federal
Understanding Child Detention in the U.S.
While U.S. immigration laws provide certain special protections to children migrating without a parent or legal guardian on account of their vulnerabilities, these laws and policies fall short of both domestic and international child welfare principles. Those impacted by and involved with U.S. systems for responding to child migrants have known for years that they do not meet the needs of most children. This resource aims to demonstrate that a different approach to how the United States welcomes migrant children, particularly as relates to their time in government custody/detention, is not
EOIR Regulation Limits Retroactivity of Matter of Thomas & Thompson Regarding Sentence Modifications
On October 25, 2019, the Attorney General published Matter of Thomas & Thompson holding that adjudicators could only recognize a sentence modification for immigration purposes where the sentence was vacated due to procedural or substantive defect as defined in Matter of Pickering. It was not clear whether this holding was retroactive. Under new DOJ regulations it is now clear that Matter of Thomas & Thompson is not retroactive. Adjudicators will recognize a sentence modification as vacating the sentence for immigration purposes where: (1) the person filed for the sentence modification on or
Criminalizing Immigration: The Influence of SB 4, Texas's Regressive State Deportation Law
Over the past few years, Texas has led the nation in cruel attempts to criminalize and punish immigrants and noncitizens. The infamous Texas state deportation law, SB 4, is an integral part of the dangerous and unconstitutional Operation Lone Star and is one of the most controversial and extreme pieces of legislation that targets immigrants and noncitizens in the United States. In 2024, state legislatures across the country have proposed bills that further expand the already vast and punishing criminal-legal system by requiring local law enforcement to carry out federal immigration enforcement
Prosecutorial Discretion in Removal Proceedings Part 1: Strategies for Seeking Prosecutorial Discretion During Uncertain Times
Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.
Prosecutorial Discretion in Removal Proceedings Part 2: Navigating Unfavorable Exercises of Discretion in Removal Proceedings
Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.