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.

How the “Lawful Pathways” Asylum Ban Impacts Children & Youth

On May 11, 2023, the Biden administration issued a new regulation creating a bar to asylum for people arriving at the southern U.S. border with certain narrow exceptions. Although there is an ongoing court challenge, the bar, known as the “lawful pathways” rule, remains in effect. This Community Alert explores the exceptions to the bar with a focus on some of the exceptions that apply to children and youth traveling with their families.

ILRC Comments on USCIS PM Changes – Safe Address and Special Procedures for Persons Protected by 8 USC § 1367

The ILRC commented on USCIS policy guidance regarding Safe Address and Special Procedures for Persons Protected by 8 USC 1367. ILRC commends USCIS for this guidance and provides suggestions for further strengthening the guidance.

Concept Note: Dismantling Detention, Enforcement, and Criminalization

The Immigrant Legal Resource Center (ILRC) builds a democratic society that values diversity and the rights of all people. Through the ILRC’s policy and advocacy efforts, we promote a vision of racial justice that advances the rights of all immigrants, including those who have had contact with the criminal legal system.

The ILRC is dedicated to the long-term goal of dismantling systems undergirded in racial inequities and investing in the power of local communities to organize and create solutions. To achieve our goals, we focus on disrupting the arrest to deportation pipeline that has led to

Inadmissibility After Applying for U Nonimmigrant Status

This practice advisory covers what to do when inadmissibility factors are discovered or triggered outside the U petitioning process such as after applying for or receiving U nonimmigrant status, adjusting status through INA § 245(m), adjusting status under a different petition, or traveling outside the country.

Practice Alert: Recent Developments in the DACA Litigation

On September 13, 2023, Judge Andrew S. Hanen, a federal judge in the Southern District of Texas, ruled that the Biden administration’s final DACA rule, issued in August 2022, is unlawful. Judge Hanen previously ruled in July 2021 that the 2012 DACA memorandum, which preceded the rule, was. His earlier ruling was affirmed by the U.S. Court of Appeals for the Fifth Circuit, but the appellate court sent the case back to Judge Hanen to consider whether there are any material differences between the DACA rule and the 2012 memo.

This Practice Alert goes over Judge Hanen’s latest ruling. It’s

Frequently Asked Questions: DACA (September 2023)

On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring that the Deferred Action for Childhood Arrivals (DACA) rule is unlawful. It is important to note that while this judge once again found DACA to be unlawful, the decision does not change the current status of who is eligible to apply. This Community Alert walks through the details, as of September 18, 2023.

Overview of Seeking Special Immigrant Juvenile Status (SIJS) Findings in Juvenile Court: A Resource for Juvenile Defenders and Children’s Attorneys in California

This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.

Naturalization Test Redesign

In December 2022 USCIS announced that it was starting a pilot project to redesign the English/civics test for naturalization. If the pilot test is adopted, applicants will face a more difficult English/civics exam. This community explainer breaks down some of those challenges, and how advocates can push for a more inclusive process of naturalization.