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.

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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Practice Advisory on Filing DACA Applications In Light of Recent Court Rulings

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

Practice Advisory on Filing DACA Applications In Light of Recent Court Rulings

CLINIC, (July 20, 2020)

On July 17, 2020, District of Maryland issued an order to restore DACA to pre-rescission status. This new order prevents the Department of Homeland Security from executing rescission; meaning USCIS should accept DACA applications from individuals who never held DACA.

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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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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.

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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.

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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.

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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.

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