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What’s New at ILRC

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DACA Initial App Guide

12/23/2020
Community Resources
DACA
As new applicants begin to set their sights on initial DACA requests, there are several questions worth asking and steps worth taking to prepare productively. This guide is designed to walk community members through eligibility and process for submitting an initial application for deferred action and employment authorization. For information on submitting a renewal DACA application, please visit...
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ILRC Opposes EOIR’s Proposed Changes to “Good Cause” for Continuances in Removal Proceedings

12/22/2020
Policy Advocacy
Removal Defense
U Visa/T Visa/VAWA
On December 22, 2020, the ILRC submitted comments in opposition to EOIR’s notice of proposed rulemaking regarding what constitutes “good cause” for a continuance in removal proceedings. The proposed changes severely restrict the circumstances in which respondents can obtain continuances in removal proceedings, as well as the number and length of continuances. These changes will have a devastating...
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DACA Practice Update December 2020

12/22/2020
DACA
On November 14, 2020, a U.S. District Court found that the U.S. Department of Homeland Security (DHS) memorandum issued in July 2020 limiting the DACA program was invalid. This decision restored the DACA program to its original 2012 form and opened up the possibility for first-time applicants, restored two-year renewals, and allowed for DACA recipients to submit advance parole applications. These...
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Temporary Protected Status (TPS): An Update on Status and Options

12/21/2020
Community Resources
TPS recipients from six countries face potential termination of that protection from the Trump Administration, potentially impacting approximately 300,000 people. This resource provides an update on the current status of TPS for these countries and what rights and options beneficiaries have. It also outlines what they might expect as a result of legal challenges to the termination and under a new...
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Initial Jurisdiction over UC Asylum Claims: Matter of M-A-C-O-, the Lafferty Memo, and JOP v. DHS

12/21/2020
Immigrant Youth
Removal Defense
Asylum
The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O- , as well as recent policy changes by the Trump administration have sought to strip away this crucial protection from many child asylum seekers. Because of these...
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Immigration Consequences of Texas Assault

12/18/2020
Crimes
Removal Defense
Post-Conviction Relief
This practice advisory explains the various immigration consequences of a conviction for Assault under Texas Penal Code § 22.01 and provides tips for mitigating such consequences in criminal proceedings. It is geared towards immigration attorneys and advocates representing or advising clients with prior or pending Texas assault charges.
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Public Charge Exemptions and Considerations

12/17/2020
Family-Based
Immigrant Youth
DACA
U Visa/T Visa/VAWA
Public Charge
Individuals applying for admission to the United States or adjustment of status are subject to the public charge ground of inadmissibility unless they fall into categories that are exempt from public charge or are not subject to this ground of inadmissibility. This advisory provides an overview of the statutory and regulatory exemptions to public charge inadmissibility and the forms of relief a...
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ILRC Opposes November 2020 USCIS Changes to the Policy Manual on Discretion in Adjustment

12/16/2020
Family-Based
Policy Advocacy
ILRC filed comments opposing USCIS’s changes to discretion in adjustment because they violate existing case law. The changes represent an attempt to impose new eligibility requirements that are also a violation of the Administrative Procedure Act (APA) because they went into effect without the required regulatory notice and comment process. The agency has provided no explanation for this abrupt...
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Community Alert: Changes to the DACA Program

12/15/2020
Community Resources
DACA
On December 4, 2020 a federal judge ordered the Department of Homeland Security to fully restore the original DACA Program. Allowing for the continuation of renewals, and opening the program to first time applicants. This resource is a summary on what this means for the community, how it impacts those looking to apply, and what next steps someone can take.
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Local Policy Interventions for Protecting Immigrants

12/14/2020
Enforcement
Local elected officials have significant power to enact policies that protect their immigrant residents. From ordinances limiting involvement with ICE to decriminalization to terminating detention contracts, this toolkit for organizers and policy makers chronicles and explains the importance of different reforms. Rather than provide a one-size-fits-all model ordinance, we have selected some of...

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Important: The legal information and materials on this website are intended to be used by trained immigration practitioners. If you are looking for assistance with your personal immigration case, please consult a licensed attorney who is an expert in immigration law or a Board of Immigration Appeals accredited representative. Some sources of assistance can be found under the Community Resources section of this site. © 2016 Immigrant Legal Resource Center. All rights reserved. Site by FivePaths