What Part of Legal Immigration Don’t You Understand?
Mike Flynn & Shikha Dalmia, Reason Magazine (October 2009)
This document provides a visual graphic of the pathways through the U.S. immigration system in order to attain legal status.
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.
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.
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.
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.
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).
Health Coverage of Immigrants
Kaiser Family Foundation (February 15. 2019)
This brief provides an overview of health coverage for non-citizens and discusses key issues for health coverage and care for immigrant families today.
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.
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
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.
