Responding to Changes in Immigration Policy | CLINIC

Responding to Changes in Immigration Policy

The new administration is making significant changes to immigration policy. As changes are announced, CLINIC is analyzing them and preparing resources and training to keep affiliates informed. Here are some of our resources for you to use with your clients.

 

General Resources and Analysis

Do you have clients with Temporary Protected Status who reside in the jurisdiction of either the Sixth or Ninth Circuit Court of Appeals? These frequently asked questions explain how current USCIS policy permits individuals who entered the United States without inspection, but subsequently received TPS, adjust to lawful permanent resident status.  

Page last updated: September 22, 2017

A federal court judge has ruled against Texas in the landmark case, City of El Cenizo et al v. Texas regarding the state’s anti-immigrant law, commonly known as SB4.

Page last updated: September 8, 2017

This document can help undocumented individuals determine whether they might qualify for some sort of immigration relief and whether they are at high risk of being arrested by immigration.

Page last updated: September 13, 2017

Ten state attorneys general, parties to the Texas v. United States case, have threatened a legal challenge to the 2012 DACA program if the administration does not rescind it by Sept. 5, 2017.

Page last updated: August 29, 2017

Consolidated outreach flyer that includes links to CLINIC’s top resources on avoiding immigration services scams, Know Your Rights materials, and emergency planning for immigrant families at risk for deportation.

Page last updated: September 6, 2017
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The current 18-month grant of Temporary Protected Status for nearly 200,000 Salvadorans will expire on March 9, 2018 unless extended by the Department of Homeland Security Secretary. By statute, the DHS Secretary must decide whether conditions warrant extension of the deadline by Jan. 8, 2018.

Page last updated: September 20, 2017
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The current 18-month grant of Temporary Protected Status for nearly 200,000 Salvadorans will expire on March 9, 2018 unless extended by the Department of Homeland Security Secretary. By statute, the DHS Secretary must decide whether conditions warrant extension of the deadline by Jan. 8, 2018.

Page last updated: August 18, 2017

Information on this topic is changing rapidly. Please see our latest update here: cliniclegal.org/resources/important-updates-trump-administration-travel-ban

 

Page last updated: June 30, 2017

The Supreme Court announced June 26, 2017, that it will hear arguments during its upcoming term on the “travel ban” litigation, and in the meantime, it will allow part of the President’s executive order temporarily banning the entry into the United States of nationals of six Muslim-majority nations (Iran, Libya, Somalia, Sudan, Syria and Yemen) and refugees to go into effect.

Page last updated: June 27, 2017

Hateful, anti-immigrant rhetoric has become common place in the news cycle and in legislative bodies across our country. In order to combat the narrative, organizations serving immigrants must look for ways to safely amplify immigrant voices in their communities. This three-part guide will teach you how to combat anti-immigrant narratives through legislative testimony, local media work, and social media.

Page last updated: June 19, 2017

This guide provides an overview of the federal rulemaking process and information about how you can participate. Engaging in administrative advocacy ensures that we are using all avenues to fight for immigrants and will more effectively amplify our collective voice.

Page last updated: June 19, 2017
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The current six-month grant of Temporary Protected Status, or TPS, for approximately 50,000 Haitians will expire on Jan. 22, 2018unless extended by the Secretary of the Department of Homeland Security. By law, the secretary must decide by Nov. 23, 2017 whether conditions warrant extending TPS.

Page last updated: August 18, 2017

U.S. District Court Judge Derrick K. Watson of Hawaii on March 15, 2017, blocked enforcement of key provisions of President Trump’s revised executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The order banned most people from six predominantly Muslim countries from entering the United States.

Page last updated: March 17, 2017

This webinar covered some best practices in informing your client communities about exposure to enforcement, protection against enforcement, and potential eligibility for immigration benefits.  It addressed: current enforcement priorities (as of 3/13/17); what to cover in a Know Your Rights presentation and how to cover it; what materials to distribute; the potential integration of self-screening or onsite screening by legal providers; and safety planning information. 

Page last updated: September 6, 2017

NOTE: The travel ban provision of this executive order, and its provision suspending refugee admissions, have been blocked from taking effect under court orders in Hawaii and Maryland. Other court challenges remain pending. More information can be found here

 

Page last updated: March 22, 2017

On March 6, 2017 President Trump signed an Executive Order imposing a 90-day suspension of entry and visa issuance to people from Iran, Sudan, Syria, Libya, Somalia and Yemen. This new Executive Order goes into effect March 16, 2017. Key provisions of the order and DHS FAQs are described below.

Page last updated: March 22, 2017

The new administration’s Executive Orders and Department of Homeland Security memos on immigration enforcement have implications for all areas of immigration law practice. This collection of practice tips will be updated as needed to alert you to issues you should consider as you counsel and represent clients.

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Page last updated: March 27, 2017
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An FAQ on the recent increased border security and immigration enforcement executive order and DHS memo.

Page last updated: March 9, 2017

The “Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practice” resource is intended for immigration attorneys, recognized and accredited representative, and community-based organizations assisting noncitizen clients who have been victims of unauthorized practice of immigration law. 

Page last updated: July 6, 2017

The following is a simple summary of the main points of the enforcement guidance issued by the Department of Homeland Security Feb. 20 and DHS fact sheets of Feb. 21. More detailed legal analysis will follow.

Page last updated: March 8, 2017

The following is a simple summary of the main points of the enforcement guidance issued by the Department of Homeland Security Feb. 20 and DHS fact sheets of Feb. 21. More detailed legal analysis will follow.

Page last updated: March 8, 2017

This webinar included an analysis and discussion of the three executive orders issued on Jan. 25 and 27 and how they affect immigrants, refugees and the programs that serve them.

Page last updated: March 8, 2017

A collection of frequently asked questions about the recent Executive Orders under the new administration.

Page last updated: March 8, 2017

Use these flyers in your community to help people identify whether the Executive Orders affect them and what they need to know and do. Includes a customizable box to put the contact information of the nearest legal service provider.

Page last updated: March 10, 2017

In his first days in office, President Trump signed two executive orders affecting immigrants. This document provides talking points on how to address each of these in your communities.

Page last updated: March 8, 2017

DACA is an executive action, implemented by President Obama in 2012, providing deportation relief and the opportunity to work for a select group of young, undocumented people living in the United States. This document provides some talking points.

Page last updated: March 8, 2017

This resource can be provided to your clients. It answers questions such as, "What can you do to prepare?" and "What if you have DACA?".

This resource is also available in Spanish, a customizable English version, and a customizable Spanish version.

Page last updated: March 8, 2017

 

Outreach to the Administration

The Catholic Legal Immigration Network, Inc. and Church World Service delivered a letter signed by nearly 700 American faith leaders and organizations calling on the administration to continue to use Temporary Protected Status as Congress intended.

Page last updated: September 20, 2017

USCCB, Catholic Charities USA and CLINIC have joined as Amici Curiae, or friends of the court, in the International Refugee Assistance Project, et al. v. Trump case challenging the constitutionality of Executive Order No. 13780. This case has been consolidated with Trump v. Hawaii and are collectively, commonly referred to as the “travel ban” litigation. The brief asks the U.S. Supreme Court to strike down the Executive Order as a violation of the Free Exercise Clause of the First Amendment. Arguments before the Supreme Court are set for Oct. 10, 2017.

Page last updated: September 19, 2017

Catholic Legal Immigration Network, Inc., Catholic Charities USA and the USCCB’s Migration and Refugee Services joined to urge DHS Acting Secretary Elaine Duke to extend the Oct. 5, 2017 deadline set by the administration for certain renewals.

Page last updated: September 15, 2017

Catholic Legal Immigration Network, Inc., Catholic Charities USA and the USCCB’s Committee on Migration joined to urge the president to continue DACA, a policy protecting nearly 800,000 young people. The letter was sent amid reports that the administration may soon end the policy that provides protection from deportation and work authorization to young people who were brought to the U.S. as children.

Page last updated: August 30, 2017

Maintain detention system standards, letter urges CLINIC joined more than 250 organizations in urging Homeland Security Secretary John Kelly to abandon plans to expand immigration detention. The organizations also called on Kelly to strengthen rather than loosen standards and monitoring of the detention system that endangers the lives and due process rights of asylum seekers and immigrants.

Page last updated: May 9, 2017

Along with other Catholic partners, CLINIC April 17 called on DHS Secretary Kelly to extend the designation for Haiti for Temporary Protected Status for 18 months.

Page last updated: August 30, 2017

 

Know Your Rights Resources

In addition to the resources above, we also have a collection of Know Your Rights documents.

This webinar covered some best practices in informing your client communities about exposure to enforcement, protection against enforcement, and potential eligibility for immigration benefits.  It addressed: current enforcement priorities (as of 3/13/17); what to cover in a Know Your Rights presentation and how to cover it; what materials to distribute; the potential integration of self-screening or onsite screening by legal providers; and safety planning information. 

Page last updated: September 6, 2017
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This flyer can be customized and used to advertise a meeting where immigrants can come to get qualified legal help and understand their rights.

Page last updated: March 10, 2017
Know Your Rights Card

A collection of cards for you to print out outlining some of the information that can be found in our Know Your Rights guide.

Page last updated: August 30, 2017
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YOU HAVE RIGHTS regardless of your immigration status. You may be at risk of being deported if you are undocumented, if you are a non-citizen with a criminal history, if you are on parole or have a prior deportation order. To protect yourself, your family and your community you must KNOW YOUR RIGHTS. Knowledge is power. Act NOW. Do not wait. Be prepared. This guide will help you.

Page last updated: September 1, 2017
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This information sheet is for immigrant workers. “Know Your Rights: A Guide to Workplace Rights for Immigrants” provides information about workers' rights while on the job.

Page last updated: March 23, 2017
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This information sheet is for public school students and parents. “Know Your Rights: A Resource for Students, Parents and Guardians” provides information about students’ rights to public education and safety at school; parent and guardian rights; how to report incidents of harassment and resources on filing complaints.

Page last updated: March 23, 2017

 

Defending Vulnerable Populations Project

The project’s primary objective is to increase the number of fully accredited representatives and attorneys who are qualified to represent immigrants in immigration court proceedings.To accomplish this, the Defending Vulnerable Populations Project will conduct court skills training for both nonprofit agency staff (accredited representatives and attorneys) and pro bono attorneys; develop practice materials to assist legal representatives; advocate against retrogressive policy changes; and expand public awareness on issues faced by vulnerable immigrants. Below are a collection of resources that can also be found on the project's page.

As more noncitizens are targeted for the initiation of removal proceedings under the Trump administration’s broadened enforcement priorities, immigration court dockets will likely become even more backlogged. Given these strains and the reality of human fallibility, there will continue to be instances in which practitioners observe inappropriate and problematic immigration judge conduct.

Page last updated: August 10, 2017

This practice advisory is designed for practitioners representing child clients in removal proceedings or advising family members of child clients in removal proceedings. As reports of ICE arresting parents and family members emerge, the goal of this advisory is to provide guidance and suggestions to practitioners on best practices for mitigating the risk of civil immigration enforcement or criminal prosecution of family members of children in removal proceedings.

Page last updated: July 20, 2017

CLINIC, along with allies, filed a request for a hearing with the Inter-American Commission on Human Rights arguing that DOJ EOIR violates the human rights of asylum seekers because certain immigration courts within the U.S. system have virtually denied all asylum claims before them. 

Page last updated: July 5, 2017

President Trump’s Jan. 27, 2017 executive order, known as the travel ban, has been challenged several times in districts across the country. Here are the newest updates.

Page last updated: July 6, 2017

SILVER SPRING, Maryland -- A new program under CLINIC’s Defending Vulnerable Populations Project will provide immigration legal advice and representation to people from countries covered by the Trump administration’s travel ban.

Page last updated: June 27, 2017

This is CLINIC’s project to assist immigrants from the countries targeted by Trump administration executive orders.

We provide legal support and advice on immigration matters, primarily to residents of Montgomery County, Maryland, who are experiencing delays or other problems with immigration cases.

Please fill out this web form and we will contact you as soon as possible.

Page last updated: June 27, 2017

Como el Servicio de Inmigración y Aduanas (ICE, por su sigla inglés) del Departamento de Seguridad Interna (DHS, por su sigla inglés) sigue a hacer cumplir las leyes de inmigración y un creciente número de inmigrantes están sujetos a detención, los defensores no solo tienen que representar a sus clientes en procedimientos de fianza, pero también tienen que asistirlos a recuperar la fianza. Also available in English.

Page last updated: June 12, 2017

What is the definition of an unaccompanied child (“UC”) under federal immigration law and what protections are afforded to such children? This practice advisory is intended to educate advocates on important UC protections and assist them with starting-point strategies for combating Department of Homeland Security efforts to strip vulnerable children of protections afforded to them as unaccompanied children. The practice advisory also discusses other steps advocates and communities can take to ensure that vulnerable children’s rights are protected.

Page last updated: May 18, 2017

In a three-page April 11, 2017, memorandum, Attorney General Jeff Sessions called for increased criminal prosecution of noncitizens. Living up to his pro-prosecution, anti-immigrant reputation, Sessions’ memo directs federal prosecutors to prioritize bringing criminal charges to “further reduce illegality.”

Page last updated: May 10, 2017

The Board of Immigration Appeals issued a precedent decision about administrative closure, on April 18, 2017. Administrative closure is a procedure that temporarily removes a case from an immigration judge’s active calendar. It is usually done due to the possibility of some event that is “relevant to immigration proceedings but is outside the control of the parties or the court and may not occur for a significant or undetermined period of time.”

Page last updated: May 10, 2017

This webinar covered some best practices in informing your client communities about exposure to enforcement, protection against enforcement, and potential eligibility for immigration benefits.  It addressed: current enforcement priorities (as of 3/13/17); what to cover in a Know Your Rights presentation and how to cover it; what materials to distribute; the potential integration of self-screening or onsite screening by legal providers; and safety planning information. 

Page last updated: September 6, 2017

Learn about what makes Maryland  unique when it comes to contingency planning. Those participating in this webinar will learn how to properly advise resident Maryland families who are facing potential family separation and what measures they should take to care for their children. It considers custody, guardianship, powers of attorney and kinship care affidavits. Ethical issues will also are discussed. Featured speakers are Maryland attorneys Van Doan, Jon Greene, and Michael Stelmack.

Page last updated: May 18, 2017

CLINIC, along with Public Counsel, filed this amicus brief on March 7, 2016 in Doe v. Sessions before the United States Court of Appeals for the Eighth Circuit. This brief provided the court with a framework, drawn from our experience working with young asylum-seekers, to decide whether the coerced actions of a child can trigger the "serious nonpolitical crime" bar to asylum.

 

Page last updated: March 10, 2017

Since 2014, the Executive Office for Immigration Review docketing priorities have included unaccompanied minors and adults with children who were released at the border or from family detention.

Page last updated: March 10, 2017

The “Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practice” resource is intended for immigration attorneys, recognized and accredited representative, and community-based organizations assisting noncitizen clients who have been victims of unauthorized practice of immigration law. 

Page last updated: July 6, 2017

CLINIC has asked SIJ experts in MD and NY to draft affidavits describing in detail their respective state laws expanding state “juvenile” court jurisdiction from 18 to the age of 20. Advocates should use these affidavits in a creative manner including submission to USCIS in response to Requests for Further Evidence (RFE) or to Immigration Judge to request release from custody.

Page last updated: February 22, 2017

Are you expecting a friend or family member to arrive from one of the "travel ban" countries? Tell Airport Lawyer about their planned arrival. Airport Lawyer will share this information with teams of volunteer lawyers.

Page last updated: February 13, 2017

On Feb. 9, 2017, a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals denied the federal government’s motion for a stay of an order enjoining implementation of the president’s Executive Order barring certain travel to the United States.

Page last updated: February 13, 2017

CLINIC continues to monitor and is considering advocacy and litigation strategies to assist refugees and nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen affected by the “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order. If your organization is serving an affected individual, CLINIC asks that you share the following information to help inform our strategies:

Page last updated: March 7, 2017

Catholic Legal Immigration Network asked the Board of Immigration Appeals to reconsider its decision in Matter of W-A-F-C, 6 I&N Dec. 880 (BIA 2016) in a Jan. 17, 2017 motion to reconsider.

Page last updated: February 10, 2017

This guide is intended to support pro bono attorneys, fully accredited Board of Immigration Appeals (BIA) Representatives, law students, and paralegals working to prevent the deportation of families who recently crossed the U.S.-Mexico border seeking asylum and have been ordered removed in absentia by an Immigration Judge (IJ). The Asylum Seeker Advocacy Project (ASAP) at the Urban Justice Center and Catholic Legal Immigration Network, Inc.

Page last updated: February 10, 2017

The Board of Immigration Appeals is currently considering the circumstances under which a person may qualify for asylum if they fear persecution on account of their family relationship to another person. CLINIC and Justice for Our Neighbors have offered an amicus brief arguing that family, standing alone, is a ‘particular social group’ as used in asylum law. 

Page last updated: February 22, 2017

CLINIC and ASAP created guidance in Spanish for the Immigrant Justice Corps to distribute at the New York City Immigration Court to the Central American asylum-seeking mothers and children in deportation proceedings.

Download the guide.

Page last updated: March 24, 2017

How to get a client’s bond money back, once they’ve been released or deported is just one of the questions arising in the cases of families who have had their asylum merits cases scheduled on a fast track.

Page last updated: June 12, 2017