Category

Federal Policy

Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies

By | Child Welfare System Research, Federal Policy, Highlighted Resources, Immigrant Families Research, Law & Policy, Practice, Research, Social Workers, State Policy

Immigrant Families and Child Welfare Systems: Emerging Needs and Promising Policies

Mark Greenberg, Randy Capps, Andrew Kalweit, Jennifer Grishkin, and Ann Flagg, Migration Policy Institute (April 2019)

Some states and localities have developed specialized policies and practices for working with children in immigrant families, though these vary considerably. This report explores this diversity of approaches, drawing on interviews with child welfare officials from 14 states, six counties, and New York City. For each of nine key issues—ranging from agency staffing and training, to language access policies and cooperation with foreign consulates—the researchers identify a recommended approach and discuss relevant policies and practices.

Read More

We Must Preserve the Trafficking Victims Protection Reauthorization Act of 2008 for Unaccompanied Children

By | Federal Policy, Immigrant Youth, Law & Policy, Law/Policy Highlight, Unaccompanied Minors

We Must Preserve the Trafficking Victims Protection Reauthorization Act of 2008 for Unaccompanied Children

Women’s Refugee Commission (April 3, 2019)

The Trump administration has made calls to roll back or eliminate protections contained within the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”) in a flawed and misguided attempt to deter unaccompanied children from making the journey to the United States to seek protection and to accelerate processing for those children already present in the United States. This backgrounder explains why this would be dangerous, and reduce protections for children seeking safety in the US.

Read More

Child Welfare Law, Immigration Policy, and Their Intersection

By | Federal Policy, Law & Policy, Legal/Law, Special Immigrant Juvenile Status (SIJS), Topics

Child Welfare Law, Immigration Policy, and Their Intersection

Howard Davidson, American Bar Association (n.d.)

This resource reviews intersecting laws and policies that impact child protective services and immigration. Included are federal laws and policies and suggested law and policy principles concerning child welfare services to undocumented child immigrants.

Read More

Keeping Immigrant Families in the Child Protection System Together

By | Federal Policy, Foster Care, Immigrant Youth, Law & Policy, Law/Policy Highlight, Legal/Law, State Policy

Keeping Immigrant Families in the Child Protection System Together

Ann Park, American Bar Association (March 26, 2019)

This article discusses legislation enacted in California that addresses some of these questions, as well as recent federal policy that helps safeguard the parental rights of undocumented immigrants involved in federal immigration enforcement proceedings. Additionally, this article reviews federal child welfare law and policy that support best practices for working with immigrant families.

Read More

Family-Based Adjustment of Status Options

By | Federal Policy, Highlighted Resources, Immigration Relief, Law & Policy, Law/Policy Highlight

Family-Based Adjustment of Status Options

Immigrant Legal Resource Center (December 2018)

A noncitizen can pursue lawful permanent residence through a family member in two different ways—one, through consular processing at a U.S. consulate abroad,1 or two, through adjustment of status at a U.S. Citizenship and Immigration Services (“USCIS”) office or Immigration Court in the United States. This advisory focuses on family-based adjustment of status through INA § 245(a) and INA § 245(i).

Read More

Separated Children Placed in Office of Refugee Resettlement Care

By | Family Separation, Federal Policy, Highlighted Resources, Immigrant Families Research, Immigrant Youth, Law & Policy, Law/Policy Highlight, Unaccompanied Minors, Unaccompanied Minors Research

Separated Children Placed in Office of Refugee Resettlement Care

U.S. Department of Health and Human Services Office of Inspector General (January 2019)

In response to the potential impact of the “zero-tolerance policy” on vulnerable children and ORR operations, the Office of Inspector General (OIG) conducted this review to determine the number and status of separated children who have entered ORR care. OIG examines challenges that ORR-funded facilities have faced in reunifying separated children.

Read More

Responding to Inappropriate RFEs and NOIDS in Special Immigrant Juvenile Status Cases

By | Federal Policy, Highlighted Resources, Immigrant Youth, Immigration Relief, Law & Policy, Law/Policy Highlight, Legal Professionals, Legal/Law, Special Immigrant Juvenile Status (SIJS)

Responding to Inappropriate RFEs and NOIDS in Special Immigrant Juvenile Status Cases

Sharon Hing, Alison Kamhi, and Rachel Prandini, Immigrant Legal Resource Center (December 2018)
This practice advisory provides an overview of the law governing RFEs and NOIDs, outlines the changes to USCIS policy announced in the July 2018 Policy Memo, and sets forth a six-step process to follow when responding to requests for additional evidence. Also included are sample arguments to make when responding to common RFE and NOID scenarios in the SIJS context.
 

Application of the Child Status Protection Act to the Children of U.S. Citizen Petitioners

By | Federal Policy, Highlighted Resources, Immigrant Youth, Immigration Relief, Law & Policy, Law/Policy Highlight, Legal/Law, Topics

Application of the Child Status Protection Act to the Children of U.S. Citizen Petitioners

Immigrant Legal Resource Center (December 2018)

This practice advisory is one of a series of ILRC Practice Advisories on the Child Status Protection Act (CSPA).1 CSPA, enacted on August 6, 2002, is a complex law that applies in different ways to different types of immigrant offspring. The overall intent of this law is to compensate for delays in processing that in the past caused the children of immigrants to age out and become ineligible for certain immigration benefits through their parents.

Read More

Public Charge and Naturalization

By | Federal Policy, Highlighted Resources, Immigration Enforcement, Immigration Relief, Law & Policy, Law/Policy Highlight, Legal Professionals, Legal/Law, Resources, Topics

Public Charge and Naturalization

Erin Quinn and Melissa Rodgers, Immigrant Legal Resource Center (November 21, 2018)
This practice advisory provides an update on public charge for advocates providing naturalization legal assistance. The advisory briefly discusses the legal standard for assessing public charge and then discusses how to advise lawful permanent residents looking to naturalize.

A Timeline: How the Trump Administration is Rolling Back Protections for Children

By | Family Separation, Federal Policy, Highlighted Resources, Immigration Enforcement, Law & Policy, Law/Policy Highlight

A Timeline: How the Trump Administration is Rolling Back Protections for Children

Kids in Need of Defense (October 9, 2018)

This updated publication provides a detailed timeline of the Trump administration’s actions to rollback child protection, including when all these actions took place, who put them into action, and what the impact on children is.

Read More