Manuals

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportability. Recent Board of Immigration Appeals and federal decisions, including the Supreme Court decision in Sessions v. Dimaya, significantly affect each of the four bases. This advisory will provide a brief overview of the deportation ground, and then outline the recent decisions and how they may affect representation in California and the Ninth Circuit. It includes an appendix analyzing common California offenses as crimes of violence.

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 years of their entire immigration case, without even the right to a bond hearing. The recent Supreme Court decision in Jennings v. Rodriguez has made the prospects for release even worse. This advisory outlines what immigration advocates and criminal defense counsel can do to help their clients avoid mandatory ICE detention.

Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. This practice advisory will walk through the basic requirements to help practitioners screen for cancellation eligibility.

This practice advisory lays out the reasons why, for now, DACA applicants should feel safe that the Trump Administration will not use information contained in a DACA application to deport them.

The number of Foreign College Students Staying and Working in U.S. After Graduation Surges.

In October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. This practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the Reserve Components.

The recent decision by the federal district court in Los Angeles restores DACA for certain individuals who (1) had their DACA unlawfully revoked since the Trump administration came into office in January 2017 and (2) still meet the DACA eligibility requirements. The court’s order also prohibits the government from revoking class members’ DACA without going through the appropriate notification process in the future.

This report examines how teachers in different program types—Head Start, public pre-K, and private preschool—use English and their students’ home languages to support their linguistic, academic, and socioemotional development. 

This useful online guide links users directly to the most credible, high-quality data on immigrants and immigration in the United States and internationally. 

Recent government announcements and court cases on DACA have created confusion around who can apply, when they can apply, and how they can apply for DACA. To mitigate this confusion, ILRC has developed an informational FAQ for your reference.

200+ trusted resources on knowing your rights, how to prepare your family, DACA, preparing for ICE enforcement, and more.

This fact sheet provides an overview of the H-1B visa category and petition process, addresses the myths perpetuated about the H-1B visa category, and highlights the key contributions H-1B workers make to the U.S. economy.

The County of Santa Clara through the Office of Immigrant Relations invites eligible applicants to apply to its New Americans Fellowship Program.  Fellows work for 10 weeks during the summer of 2018, as paid interns working on a research and/or community engagement project focused on immigrant integration.  Fellows are placed at a county agency, department, board office, or participating non-profit organization.  Who is eligible?:

• Current DACA recipients who live or work in Santa Clara County (must have a currently valid DACA and employment authorization card).
• Undergraduate or graduate student or recent graduate.
• Those seeking to be involved in social justice for the immigrant community.

Application and more information at:

https://www.sccgov.org/sites/oir/Pages/new-americans.aspx

In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can erase or mitigate certain criminal grounds of removability.

On November 20, 2017, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for Haiti. This TPS designation was supposed to expire on January 22, 2018. DHS has given TPS holders from Haiti an additional 18 months of TPS status (until July 22, 2019) and it is unlikely that TPS for Haiti will be extended past that date.

This infographic shows options for how a TPS holder may be able to get a green card through a U.S. citizen family member.

CIPC offers an update to their DACA resource guide (released 2/14/18) to reflect the latest changes and provide useful information for community members and service providers as efforts continue to preserve DACA.

As of January 2018, 28 states and the District of Columbia have legalized medical marijuana, and 8 states and the District of Columbia have legalized recreational marijuana for adults. Immigrants may reasonably think that using marijuana according to these state laws will not hurt their immigration status. Unfortunately, that's wrong!! It is still a federal offense to possess marijuana, and immigration is part of federal law. These handouts provide warnings about what immigrants need to know.

Under the TRUTH Act (AB 2792), effective January 1, 2018, City Councils and Board of Supervisors in California are required to hold at least 1 community forum per year if the Police or Sheriff’s department allowed ICE to access at least one individual in their custody in the previous year.

On January 9, 2018, a federal court ruled that while a lawsuit decides whether the termination of DACA was unlawful, U.S. Citizenship and Immigration Services (USCIS) must continue to accept renewal applications. This is guidance on who is eligible to apply at this time. Please note, as the lawsuit moves forward, this advice may change.

This toolkit highlights resources and best practices available to educators in order to create safe and welcoming schools for all students, including immigrants and refugees.

This resource is part of a special project headed by Californians Together in collaboration with the Center for Equity for English Learners (CEEL) at Loyola Marymount University. 

The Support for Immigrant and Refugee Students Project Classroom Lesson Modules are designed to immigrant and refugee students’ socio-emotional needs while simultaneously expanding and enriching language and literacy development.

In addition to the lesson plans, a "trainer of trainers" workshop and manual have been developed to provide educators with background information on immigrant and refugee students, sample training resources, and more. 

This resource is part of a special project headed by Californians Together in collaboration with the Center for Equity for English Learners (CEEL) at Loyola Marymount University. 

Conceived of as ancillary support for the curricular-based learning that takes place in the class, this resource guide introduces the reader to concepts and strategies common to the field of counseling, and useful in a class setting.

This resource guide for teachers is part of a special project headed by Californians Together in collaboration with the Center for Equity for English Learners (CEEL) at Loyola Marymount University. 

On January 9, 2018, U.S. District Court for the Northern District of California issued an important ruling on the termination of the DACA program.  The court granted plaintiffs’ request for a preliminary injunction, putting the rescission of the DACA program on hold until a final determination is made in the case.  The court ordered USCIS to resume accepting DACA renewal applications.  This resource provides a legal summary of issues that were decided and what they mean moving forward.

This fact sheet provides basic information for transgender immigrants in the U.S. regarding some of the most common problems.

The Individual Tax Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service (IRS) to ensure that people – including unauthorized immigrants – pay taxes even if they do not have a Social Security number and regardless of their immigration status.

A FOIA request can be an invaluable tool in immigration law to help an immigrant and her 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 also includes tips about alternatives to Form G-639, such as online submission options.

By Catholic Legal Immigration Network, Inc. (CLINIC), Immigrant Legal Resource Center (ILRC), and National Immigration Law Center (NILC).

In light of increased scrutiny of Special Immigrant Juvenile Status (SIJS) state court predicate orders by U.S. Citizenship and Immigration Services, advocates are advised to include a brief summary of the factual basis supporting the eligibility findings for SIJS within the state court predicate order.

The Child  Tax Credit (CTC) alone lifts 1.5 million children out of poverty every year and alleviates poverty’s impact for millions more. This NILC factsheet explores the effects of children in immigrant families losing CTC.

This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits.

DACA recipients and their families, including those who are undocumented, have health care options. The California Immigrant Policy Center has prepared this short information sheet to explain the health care benefits available in California for DACA recipients

The Disaster Supplemental Nutrition Assistance Program (D-SNAP) gives food assistance to low-income households with food loss or damage caused by a natural disaster. Assistance available regardless of immigration status. 

Provides financial and direct services to eligible individuals and households affected by a disaster who have uninsured or underinsured necessary expenses and serious needs.

Available if at least one household member is a U.S. citizen or a “qualified” immigrant. For example, undocumented individuals can apply on behalf of a minor child who is a citizen and has a social security number. FEMA can provide information about obtaining a social security number for a minor child. The minor child must live with the parent/guardian applying on his/her behalf.

Major benefit programs tend to be more flexible about requiring documentation immediately after a disaster – but may require applicants to declare that they have an eligible status – so applicants need to be careful.

Links to funds available and organizations in the region to support. 

Information on how to replace identification, birth, marriage and death certificates, etc. Guide to insurance legal rights, claim guidance and more.

Several local officials have made public statements to make clear that these shelters are open to everyone regardless of immigration status. Several local officials have made public statements to make clear that these shelters are open to everyone regardless of immigration status.

This list of organizations throughout California provide DACA renewal assistance and/or assistance with USCIS DACA renewal filing fees.