• 06/23/20

    Understanding the 2020 Supreme Court Decision

    On June 18, 2020 the U.S. Supreme Court sided with DACA recipients ruling that the way in which the Trump administration rescinded the DACA program in 2017 was unlawful. The decision is a huge victory for immigrant communities and their allies who mobilized to protect the DACA program.

    Although the Court sided with DACA recipients, it is important to remember that the Trump administration can again try to end the program through an executive action. Only Congress, through federal legislation, can create an opportunity for DACA recipients to get green cards and eventual U.S. citizenship. It is time for a permanent legislative solution for DACA recipients, TPS holders, and all other immigrants at risk of deportation.

  • 05/22/20

    Preparing for the Future: Understanding the Rights and Options of DACA Recipients

    The Deferred Action for Childhood Arrivals (DACA) program has faced many threats and experienced significant changes since it began in 2012. This toolkit was created to help inform DACA recipients about their rights as well as how other community members can support DACA recipients during these challenging times.

    Part I offers an overview of the program and its current status in light of several lawsuits moving through the federal courts. Part II provides practical information to DACA recipients about renewing their cases and other options they should consider. Part III outlines opportunities to advocate for change to protect the immigrant community.

  • 05/22/20

    A Step-by-Step Guide to Completing FOIA Requests with DHS

    A FOIA request can be an invaluable tool in immigration law to help an immigrant and their representative. This guide details how to complete a FOIA request for USCIS, ICE, OBIM, and CBP. It provides step-by-step instructions on how to complete Form G-639, and also includes tips about alternatives to Form G-639, such as online submission options.

  • 05/22/20

    Fee Waivers: Status of Proposed Changes

    Recent attacks on the current fee waiver system threaten the access of low-income individuals to immigration benefits they are otherwise eligible to receive. This practice advisory provides an overview of the proposed changes as well as some practice tips for how to fight these harmful changes and best support low-income clients.

  • 05/22/20

    Public Charge Exemptions and Considerations

    **After rulings by the U.S. Supreme Court on January 27, 2020 and February 21, 2020, the Department of Homeland Security (DHS) was able to implement its new rule relating to the “public charge” ground of inadmissibility nationwide. The DHS rule went into effect for adjustment of status applications filed on or after February 24, 2020. On February 24, 2020, the Department of State (DOS) also implemented a new rule related to public charge inadmissibility. The DOS rule generally follows the same provisions as those in the new DHS rule. Consular processing applications with interviews on or after February 24, 2020 will be evaluated under the new DOS rule.

    We are working rapidly to update our resources in light of the new DHS and DOS public charge rules. When reviewing our resources, please note the date on which they were last updated, because the legal content may not be current.**

    It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or employer petition after having a status that is not subject to public charge inadmissibility. Understanding these considerations will help advocates best counsel their clients and prepare applications in the current climate of uncertainty surrounding public charge policy.

  • 05/22/20

    Immigration Preparedness Toolkit

    The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system in the United States. This free toolkit offers in-depth, yet easily accessible information that outlines the basics about a variety of topics including: your rights during ICE confrontations, the different types of immigration options available, ideas for building your consultation roadmap, and tips on covering your bases while waiting for relief. This 13-page resource also incorporates links to other helpful reference documents, fact sheets, and tools readers can use to construct their own personalized plan.

    Spanish language Immigration Preparedness Toolkit coming soon!

  • 05/22/20

    Annotated DACA Application Guide

    This guide is for individuals whose DACA expired after September 5, 2016 and are looking to file a “renewal” application in the coming months.  The guide includes annotated forms I-821D, I-765 and I-765ws which form a renewal application packet.  If an individual’s DACA expired on or before September 5, 2016 or was DACA terminated, they will need to file an application as a “renewal-initial.” This means that extra documentation will be needed in order for the application to be considered complete.  That type of application packet is beyond the scope of this guide.

  • 11/13/18

    9th Circuit Upholds District Court’s Injunction Requiring Government to Accept DACA Renewals

    Two recent major events affect the lawsuits challenging the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals, or DACA, program. First, on Monday, November 5, 2018, in an unusual and rare procedural move known as “cert. before judgment,” the government filed three petitions with the U.S. Supreme Court requesting that the Court review all three U.S. district court decisions requiring the government to partially maintain DACA. Second, on Thursday, November 8, 2018, the Ninth Circuit Court of Appeals issued an opinion upholding the preliminary injunction issued by the U.S. District Court for the Northern District of California — one of the three court orders requiring the government to partially maintain the DACA program.