Alert: Deferred Enforced Departure Announced for Palestinians
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.
ILRC Letter to Biden Administration on Regulatory Agenda
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
Printable Texas Travel Advisory Map (Disponible en Español)
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
New USCIS Fee Rule: An Update on USCIS Filing Fees
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.
Using the T Visa Law Enforcement Resource Guide
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.
SB 4/HB4 Know Your Rights Community Presentation
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.
The Oath of Allegiance Waiver for Persons with Severe Disabilities
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.
California U Visa Law Update
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
Organizational Letter to Texas Members of Congress
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.
Community Alert: Immigrating as a Child & the Child Status Protection Act
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.
Community Alert: Warnings about the 10-year Green Card Scam
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.
Options for Survivors in Criminal Court
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.”
ILRC Winter 2023 Newsletter
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 Comment on Proposed Changes to U Visa Forms
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.
What to Do When ICE Submits an I-213 in Immigration Court
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
"Particularly Serious Crime" Bars to Asylum and Withholding
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.
Advocacy Letter to USCIS on Problems with Disability Waiver Implementation (June 2023) - LA County (LAC) USCIS
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.
Qualifying for Protection Under the Convention Against Torture
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.
Statement of Former Immigration Judges and Appellate Immigration Judges regarding H.B. 4/S.B. 4
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.
ILRC’s Comment to Proposed EOIR Rule
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
ILRC Comment on Proposed Changes to Form I-485
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 Leads Sign-On Comment on Proposed Changes to Form I-485
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.
Operation Lone Star: The Cost of Funding Hate
In Texas, Black and Latinx migrants are being harmed by Operation Lone Star- an unconstitutional and racist law enforcement operation that is criminalizing migrants who are seeking safety in the U.S. border. Operation Lone Star is a complex scheme involving multiple law enforcement agencies in the state. This comprehensive resource explains how Operation Lonestar is being implemented and funded, explains why this operation is illegal and unconstitutional, highlights how this scheme expands the carceral and enforcement systems, and how it’s harming entire border communities.
ILRC N-600 Comment
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.
California’s DACA & Naturalization Application Filing Fees Project
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.