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Law/Policy Highlight

Apr 03
0

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)

In an attempt to deter unaccompanied children from coming to the U.S., the Trump administration has made efforts to reduce or eliminate protections within the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”) and to expedite processing for children already in the U.S. This backgrounder explains the danger of these changes, and how they protections for children seeking safety in the US.

Mar 26
0

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.

Mar 12
0

Dream and Promise Act Provides Needed Solution for Immigrant Families

By | Highlighted Resources, Law/Policy Highlight

Dream and Promise Act Provides Needed Solution for Immigrant Families

CLASP (March 12, 2019)

This statement from CLASP addresses the introduction of the Dream and Promise Act of 2019 (H.R. 6) in the House of Representative. This bill would address the crisis faced by Deferred Action for Childhood Arrival (DACA) beneficiaries and immigrants with Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) as a result of the Trump Administration’s actions.

Feb 22
0

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).

Jan 31
0

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.

Jan 01
0

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.
Dec 12
0

Refusing to Leave Child Immigrants to Chance

By | Highlighted Resources, Law/Policy Highlight

Refusing to Leave Child Immigrants to Chance

Sharon E. Goldsmith, American Bar Association (February, 2017)

Thousands of children have fled their homes in El Salvador, Honduras, and Guatemala seeking refuge in Maryland, as many fear for their lives due to violence in their home countries. In response, stakeholders were convened to coordinate an appropriate response including providing the children free legal representation. This resource reviews the Maryland Model, designed to assist these children in securing a safer future.

Dec 01
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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.

Nov 21
0

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.
Nov 16
0

Federal Court Allows Challenge to Government Policy Using Detained Children as Bait to Arrest Families

By | Highlighted Resources, Law/Policy Highlight

Federal Court Allows Challenge to Government Policy Using Detained Children as Bait to Arrest Families

Legal Aid Justice Center (November 16, 2018)

The U.S. District Court for the Eastern District of Virginia denied the U.S. government’s motion to dismiss Legal Aid Justice Center’s lawsuit on behalf of detained immigrant children and their families, striking a blow to a new immigration policy that has kept thousands of children unnecessarily detained for months.

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