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What’s New at ILRC

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Regulation Creates New Crimes Bars to Asylum

12/11/2020
Crimes
Asylum
Post-Conviction Relief
In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct. The...

Judge Rules DACA Program to be Restored in Full

12/04/2020
For Immediate Release : December 4, 2020 Contact : Donna De La Cruz, media [at] ilrc.org Judge Rules DACA Program to be Restored in Full The Immigrant Legal Resource Center (ILRC) applauded a federal judge’s decision to return the DACA program to its initial form. In his ruling, U.S. District Judge Nicholas Garaufis in New York reaffirmed his decision made in November invalidating the U.S...
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Guidance and Reflections on Providing Remote Legal Services to Immigrant Survivors of Domestic Violence

12/02/2020
U Visa/T Visa/VAWA
The COVID-19 pandemic has created a myriad of challenges for immigration legal service providers. While some research and best practices for providing remote legal services have been developed, serving immigrant survivors of domestic violence requires a unique set of considerations. This advisory describes the findings of a small study exploring how service delivery models have been adapted for...
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Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

12/02/2020
Crimes
Removal Defense
Post-Conviction Relief
Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S...
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Naturalization Red Flags Checklist and Outreach Flyer (English, Spanish, and Chinese)

11/30/2020
Community Resources
Citizenship and Naturalization
Every applicant for naturalization should complete a Red Flags Checklist before applying for naturalization to help gauge their eligibility and determine if a more thorough screening is necessary.
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How to Avoid Mandatory ICE Detention

11/30/2020
Crimes
Enforcement
Removal Defense
Update: Note also that the Supreme Court has reversed the Ninth Circuit's beneficial decision in Nielsen v. Preap. See alert in this advisory, and we will issue an updated version of the advisory soon . Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or...
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California Sentences and Immigration

11/20/2020
Crimes
Post-Conviction Relief
DACA
Citizenship and Naturalization
Removal Defense
In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed...
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Risks of Filing Affirmative T Visa Applications Under the Current NTA Memo

11/19/2020
U Visa/T Visa/VAWA
T nonimmigrant status (often called a “T visa”) is a form of immigration relief for survivors of human trafficking that provides four years of lawful immigration status, employment authorization, access to certain public benefits, and the opportunity to apply for lawful permanent residency. However, the current U.S. Citizenship and Immigration Services (USCIS) policy on Notices to Appear (NTA),...

Houston Leads Coalition Celebrates $2M Immigration Legal Services Fund for Low-income Harris County Residents

11/13/2020
FOR IMMEDIATE RELEASE Tuesday, November 10, 2020 Houston Leads Coalition Celebrates $2M Immigration Legal Services Fund for Low-income Harris County Residents HOUSTON, TX — The Harris County Commissioners Court voted today to allocate $2 million dollars to the immigrant legal services fund, which will help ensure that Harris County residents who face deportation have legal representation in...
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Medi-Cal in California: Addressing Community Concerns about Public Charge

11/11/2020
Public Charge
DACA
Family-Based
Asylum
Community Resources
People with various immigration statuses, and in some cases without any immigration status, qualify for Medi-Cal in California. California provides Medi-Cal health insurance through state funds to many California residents that would not qualify for the federal Medicaid program. When considering applying for immigration status, many noncitizens worry that using Medi-Cal in California will harm...

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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