AB 32 (People Not Profit) signed in 2019 and effective January 2020, outlaws criminal and civil private incarceration in California, with some exceptions. Some brief months after AB 32 was signed, private prison company GEO Group Inc. and the Trump administration sued California aiming to strike down this momentous law. Federal District Court Judge Sammartino largely upheld AB 32, afterwhich GEO and the Biden administration appealed to the Ninth Circuit.
On September 28, 2021, the Department of Homeland Security published a proposed federal regulation announcing its intent to codify Deferred Action for Childhood Arrivals (DACA).
On August 18, USCIS provided information on the new bona fide determination process for U visa petitioners and their family members on a webinar hosted by ASISTA and ILRC. These notes include information shared during this event, including additional analysis. These notes are not vetted nor endorsed by USCIS, but prepared by ASISTA and ILRC.
4.5 million people in America are on probation. What is probation, and what does a probation officer do? How are probation departments involved in immigration enforcement? This short explainer seeks to provide basic information about probation and highlight the nefarious role that many probation agencies take in turning immigrants over to ICE for deportation.
As attacks on immigrants continue and the DACA program remains in limbo, now more than ever, it is important that local elected officials take bold action to protect immigrants within their jurisdictions. This guide, co-authored by United We Dream, provides examples of local policies that help protect immigrants from deportation by: (1) reducing arrests, (2) protecting constitutional rights, and (3) appropriating local resources wisely.
Contact tracing is a public health program that helps slow the spread of infectious diseases, like COVID-19 (coronavirus). Because COVID-19 is very contagious, many states have implemented contact tracing programs to protect communities from the virus. California launched California Connected, its contact tracing program, in May 2020. This resource, which describes the California Connected program in Q&A format, highlights issues of interest to the immigrant community, including the language competency of contact tracers, the confidentiality of shared personal information, and public charge considerations.
As groups across Texas advocate for cite and release policies in their own localities, it has become increasingly important that we utilize values-based messaging in our campaigns. This guide, available in multiple languages, provides messaging recommendations to ensure there is unity in how we talk about cite and release. It provides suggested language to ensure inclusive messaging that uplifts the dignity and humanity of all community members, regardless of criminal history.
On July 16, 2021, a Federal District Court in Texas issued a ruling in Texas v. United States limiting the DACA policy and declaring it unlawful. More detailed information on this decision will be offered in the coming days but for now it is important to understand how today’s ruling impacts the DACA community.
The Ninth Circuit’s decision in Medina Tovar expanded eligibility for U derivative status for certain after-acquired spouses of U visa petitioners. ASISTA, CLINIC & ILRC’s new Practice Alert includes the latest information on how and when to file an I-918A for a derivative spouse where the marriage to the U-1 petitioner occurred after the filing of the I-918 but before the U petition was adjudicated.
The majority of states have legalized some use of marijuana, but marijuana remains a federal Schedule I controlled substance. Therefore, any conduct involving marijuana can be very dangerous for immigrants – including conduct that is permitted under state law. Admitting that one has “legally” used marijuana, being employed in the fast-growing cannabis industry, and any conviction can cause serious immigration problems. A prior marijuana conviction must be vacated based on some error; the fact that the state has since legalized the conduct does not erase it, and many state “mass expungement” actions also do not. Evidence that a person has sold marijuana can harm any noncitizen, in some cases including immigrant youth. Marijuana issues can cause bars to eligibility for affirmative applications such as adjustment of status and naturalization; admission at the border; and cancellation and other applications in removal proceedings.