Healthy Economies Adapting to Last (HEAL) Community FAQ
In June 2023, the California Dignity Not Detention Coalition passed a budget initiative in California called HEAL (Healthy Economies Adapting to Last). HEAL dedicates 5 million dollars to incentivize California localities to divest from immigration detention by providing them funding to invest in new industries and jobs. HEAL presents a new tool in our advocacy toolbox to close detention centers once and for all. This community FAQ breaks down Dignity not Detention’s newest initiative.
Addressing Inadmissibility Grounds in U Nonimmigrant Status Petitions
This practice advisory covers ways to gather information to determine whether your client might be inadmissible, how to address inadmissibility issues when applying for U nonimmigrant status, and how to file for an inadmissibility waiver for a U nonimmigrant applicant.
ILRC Comments to USCIS on Policy Manual: Statelessness
On August 1, 2023, USCIS published long-awaited Policy Manual guidance on the definition and process for determining statelessness. ILRC commented favorably on most of the guidance and made suggestions for some improvements.
Immigrants and Substance Use Disorders: A Legal and Medical Perspective
Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a
ILRC Comments on ICE Tip Form
On August 23, 2023, ILRC submitted a comment on the proposed form that Immigration and Customs Enforcement (ICE) will use to collect information from the public about suspected violations. ILRC opposes the use of this form as it allows for anonymous, un-vetted information to be the basis of investigations and has a high likelihood of being used by abusers, unscrupulous employers and landlords, and others to harass and target immigrant communities.
Practice Alert: USCIS & BIA Affirm Three- and Ten-Year Unlawful Presence Bars Can Run in the U.S.
This practice alert provides an overview of new USCIS policy guidance and a recent BIA case that now officially acknowledge that the three- and ten-year unlawful presence bars can run in the United States. This practice alert summarizes current policy on the three- and ten-year bars as well as covering who does (and does not) benefit from this policy.
2022 Annual Report
Each year, the ILRC distributes thousands of copies of our 23 manuals and provides legal assistance on more than 8,100 issues to pro bono and nonprofit advocates, as well as public defenders, through our national Attorney of the Day service. In any given year, our staff attorneys conduct hundreds of trainings, community meetings, task forces, and workshops. In 2022, the ILRC held 286 in-person and online seminars and webinars for over 20,000 attendees and participants. The ILRC also leads meetings and workshops where thousands of immigrants are screened for legal options while learning about
Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part Two
This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding the plausibility of a claim; and determinations regarding a respondent’s corroborative evidence. It
Recent California “Clean Slate” Initiatives & Immigrants
There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions. While expungement provides relief in the California state criminal legal system, it does not provide the same relief in the immigration context. This explainer walks through some key points about this new law and its implication for immigrants with prior contact with law enforcement.
The Latest on Temporary Protected Status (TPS)
This guide walks through the latest updates regarding TPS for immigrants from El Salvador, Honduras, Nepal, and Nicaragua. Included are frequently asked questions about the program, renewal timelines, and more.
ILRC Comments to the Public Charge USCIS Policy Manual Update
On August 7, 2023, the ILRC provided a comment to a recent USCIS Policy Manual update seeking to clarify who is subject to the public charge ground of inadmissibility. In the comment, ILRC provided suggested language for both the Policy Manual and the Form I-485 that would help to further lessen confusion that practitioners and applicants are facing in this area. ILRC also recommended changes to the USCIS web site for Form I-485 to ensure that information is consistent and accurate for applicants.
A Closer Look at DHS Interior Enforcement Practices
In the Spring of 2023, the ILRC surveyed partner organizations and immigration practioners to get a sense of how the Biden Administration’s enforcement priorities were impacting interior enforcement. Unsurprisingly, our analysis of the data showed that federal guidance does not prevent ICE from targeting and detaining people who do not meet agency priorities.
Obstruction of Justice: Pugin and California Offenses
Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023), the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.
This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence
Overview: The Central American Minors (CAM) Program
The Central American Minors program allows qualifying children in El Salvador, Guatemala, and Honduras to enter the United States and live here lawfully if they have a parent or legal guardian in the United States with certain kinds of immigration status. This fact sheet provides information on basic eligibility and where to go for help.
An Update on Immigration Filing Fees (July 2023)
This FAQ provides an update on immigration application filing fee changes that were recently proposed by U.S. Citizenship and Immigration Services (USCIS).
How to: Check your Selective Service Registration
This quick guide shares how to check your Selective Service registration status. For various applications with U.S. Citizenship and Immigration Services (USCIS), providing proof of registration with the Selective Service System is a vital part of qualifying for immigration relief. Learn more with this step-by-step guide.
Grounds of Inadmissibility for Temporary Protected Status
This practice advisory provides an overview of the grounds of inadmissibility for Temporary Protected Status (TPS) explaining which grounds do not apply to TPS applicants, which grounds are non-waivable, and which grounds are waivable. It also offers an overview of the TPS waiver of inadmissibility.
ILRC Comments on Proposed Changes to Form N-400
On June 20, 2023, the ILRC submitted a comment to USCIS regarding the proposed changes to From N-400, Application for Naturalization. ILRC commended the agency for a number of positive changes that streamlined and shortened the form. ILRC also made several suggestions to USCIS to clarify and narrow the information required from applicants to ensure that only relevant information is collected on the form.
USCIS Policy Manual Suggestions
The Immigrant Legal Resource Center submitted this letter on June 16, 2023, to thank USCIS for the many changes that have already been made to the USCIS Policy Manual and to provide further recommendations for changes to the Policy Manual that USCIS can immediately implement to increase access to immigration benefits and reduce backlogs. The letter provides suggestions that include ongoing recommendations from prior letters and engagements as well as new ones.
Key Benefits of a U Visa
U nonimmigrant status, commonly referred to as a “U visa”, is a form of immigration relief available to people who are survivors of certain crimes that happened in the United States. This guide serves as a walkthrough of the different benefits granted when approved for a U visa – and those that are granted while an application is pending.
DACA: Advocating for Inclusive Work Policies
With the future of the DACA policy hanging by a thread due to litigation, DACA employees are wondering whether they can continue earning a living if they were to lose their work authorization. This Community Alert, produced in partnership with Immigrants Rising, lists some policy ideas that employers can implement to continue to support their employees if DACA were to end.
Carceral Carousel
The prison industrial complex is a highly adaptive mechanism that is constantly shifting to sustain itself. In recent years, the movement against mass incarceration has gained traction in reducing penal incarceration in the United States. In this report in collaboration with the Detention Watch Network, we detail select case examples of jails and prisons that closed for one purpose, only to cage a different group of people. The case studies demonstrate the importance of looking ahead to strategies which ensure that cages remain closed for all carceral uses, once and for all.