12/11/2020
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...
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...
12/02/2020
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...
12/02/2020
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...
11/30/2020
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.
11/30/2020
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...
11/20/2020
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...
11/19/2020
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),...
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...
11/11/2020
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...