Federal Policy

Resources on this page highlight the most salient federal laws and policies that impact the experiences of immigrant families and children as well as the most common immigration relief options for these children and families.

Policy Alert: Updated Policy Guidance for the Child Status Protection Act (CSPA)

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

Policy Alert: Updated Policy Guidance for the Child Status Protection Act (CSPA)

U.S. Citizenship and Immigration Services (November 13, 2020)

USCIS recently announced updates to age and “sought to acquire” requirements under the Child Status Protection Act (CSPA). These updates further clarify how USCIS calculates an applicant’s age under defined conditions and provides other guidance.

Stronger Together: Building an Inclusive System of Supports for Immigrant Families During the Pandemic, and Always

By | Federal Policy, Highlighted Resources, Law & Policy, Law/Policy Highlight, Legal/Law

Stronger Together: Building an Inclusive System of Supports for Immigrant Families During the Pandemic, and Always  

Center for the Study of Social Policy (July, 2020) 

Despite the passage of emergency response packages directed at providing coronavirus relief, this legislation has systematically excluded many immigrants. In response, many states and localities and philanthropic and community-based organizations have provided critical support during this time. However, their ability to deliver needed services is limited. This brief offers information for policymakers seeking to build a more comprehensive and inclusive system that centers immigrant families in COVID-19-related federal actions.   

Immediate Priorities for the Protection of Immigrant Children

By | Child Well-Being, Detention, Family Separation, Federal Policy, Immigrant Youth, Immigration Enforcement, Law & Policy, Legal/Law, Public Charge, Unaccompanied Minors

Immediate Priorities for the Protection of Immigrant Children 

The Young Center 

Developed by a coalition of organizations dedicated to the rights, health, and safety of immigrant children, this resource provides a list of 10 legislative priorities for the incoming Biden administration.   

Broad and Blunt, the Trump Administration’s H-1B Changes Miss the Opportunity for Real Reform

By | Federal Policy, Immigration Relief, Law & Policy, Law/Policy Highlight, Legal/Law

Broad and Blunt, the Trump Administration’s H-1B Changes Miss the Opportunity for Real Reform

Sarah Pierce, Migration Policy Institute (October 2020)

The H-1B visa program had not seen major changes since 1990.  The Trump administration has now made a significant change to try and ensure that workers that are citizens of the United States (U.S.) would not be replaced with immigrants.  This will limit U.S. businesses from being able to hire skilled immigrant workers.  The H1-B program is the primary option for immigrants to obtain employment in the United States.

The Invisible Wall: Policies that Threaten Immigrant Families

By | Deportation, Detention, Family Separation, Federal Policy, Highlighted Resources, ICE, Immigration Enforcement, Immigration Relief, Law & Policy, Law/Policy Highlight, Legal/Law

The Invisible Wall: Policies that Threaten Immigrant Families

Protecting Immigrant Families (August 14, 2020)

This resource reviews the litany of polices Trump’s administration has executed to decrease immigration to the United States. It details if the policy has been proposed, is in litigation, and its potential finality.

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In Roberts Opinion, SCOTUS Overturns Decision to Rescind DACA

By | Federal Policy, Law/Policy Highlight

In Roberts Opinion, SCOTUS Overturns Decision to Rescind DACA

Debra Cassens Weiss, ABA Journal  (June 18th, 2020)

The U.S. Supreme Court overturned Trump’s efforts to eliminate deferred deportation for immigrants that arrived illegally as children. The court called Trumps efforts arbitrary and capricious, and that DHS failed to provide concrete reasoning to rescind DACA.

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Advocates Ask District Court to Block Public Charge Rule Amidst Pandemic Following SCOTUS Rejection

By | Federal Policy, Law & Policy, Law/Policy Highlight, Public Charge

Advocates Ask District Court to Block Public Charge Rule Amidst Pandemic Following SCOTUS Rejection

Juan Gastelum, Jen Nessel, Alejandra Lopez, & Yatziri, Tovar, National Immigration Law Center (May 18, 2020)

Attorneys from various legal agencies sought a preliminary injunction with a federal district court to the “public charge” ruling that prevents immigrant families in need from accessing public benefits. “Public charge” rules grossly affect immigrant families from seeking health care, food, and housing assistance during the pandemic. Lawyers argue the policy is discriminatory and unconstitutional.

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USCIS Response to Coronavirus 2019 (COVID-19): Public Charge Alert

By | Federal Policy, Law & Policy, Law/Policy Highlight, Public Charge

USCIS Response to Coronavirus 2019 (COVID-19): Public Charge Alert

U.S. Citizenship and Immigration Services

USCIS announced that immigrants with potential COVID-19 symptoms are able to seek necessary medical treatment or preventative services and it will not affect their admissibility under Public Charge. This includes access to testing, screening, treatment, or vaccines for communicable diseases, including COVID-19.

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The History and Future of Gender Asylum Law and Recognition of Domestic Violence as a Basis for Protection in the United States

By | Federal Policy, Immigration Relief, Law/Policy Highlight, Legal/Law

The History and Future of Gender Asylum Law and Recognition of Domestic Violence as a Basis for Protection in the United States

Deborah Anker, ABA Journal (April 28, 2020)

Anker details the history and development of the United States’ gender asylum law. Through a series of court decisions, the U.S. considered survivors of domestic violence a particular social group under the United Nations definition of a refugee. Jeff Sessions challenged this in 2018 and eliminate protections for women seeking asylum. This continues to be challenged in court.

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Upcoming Changes to Federal Child Welfare Data Could Provide More Comprehensive Information on Children in Care

By | Federal Policy, Highlighted Resources, Law/Policy Highlight

Upcoming Changes to Federal Child Welfare Data Could Provide More Comprehensive Information on Children in Care

Sarah Catherine Williams & Kristin Sepulveda, Child Trends (June 20, 2019)

This report highlights some of the data elements introduced in the 2016 Final Rule for AFCARS that remain unchanged in HHS’ most recent proposal that will improve stakeholders’ ability to monitor outcomes, modify policies, and ultimately improve services for children and their families.

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Separation of Families via the ‘Migrant Protection Protocols’

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

Separation of Families via the ‘Migrant Protection Protocols’

Leah Chavla, Women’s Refugee Commission (August 16, 2019)

The Women’s Refugee Commission filed this complaint to the Department of Homeland Security on behalf of numerous families who were separated by U.S. Customs and Border Protection officials along the U.S. southwestern border, where at least some member(s) of the family were placed into the administration’s so-called ‘Migrant Protection Protocols’ (also known as ‘Remain in Mexico’ or RIM program) and sent back to Mexico.

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Advocates Vow to Block Trump Attack on Millions of Families and American Democracy

By | Federal Policy, Highlighted Resources, Law/Policy Highlight

Advocates Vow to Block Trump Attack on Millions of Families and American Democracy

CLASP (August 12, 2019)

Advocates for immigrant families and economic opportunity spoke out against a new Trump administration regulation that aims to prevent millions of families from accessing health care and other programs or risk denial of lawful permanent status in the United States.

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