Advising Clients in Light of EAD Processing Delays

Recent increases in U.S. Citizenship and Immigration Services (USCIS) processing times for adjudicating Forms I-765, Applications for Employment Authorization, have created hardships for many noncitizens who have been unable to seek employment, have had to temporarily stop working, or have lost their jobs altogether.2 This advisory provides tips for immigration practitioners to minimize the risk that clients’ employment authorization will lapse and to advocate for faster adjudication once a Form I-765 has been filed. This resource also offers advice for navigating Employment Authorization Document (EAD) issues with employers and government agencies.

BIA vs. Federal Courts: Supreme Court Takes Up Urias-Orellana Asylum Case

The U.S. Supreme Court has agreed to hear Urias-Orellana v. Bondi, Urias-Orellana v. Garland, 121 F.4th 327 (1st Cir. 2024), a case that could have far-reaching consequences for asylum law and the way federal appellate courts review immigration agency decisions.

Breaking Down the Visa Bulletin: What SIJS Advocates Need to Know

Special immigrant juvenile status (SIJS) is a humanitarian status that provides protections and a pathway to lawful permanent residence to immigrant children up to the age of 21 years who have been abused, abandoned, or neglected by their parent(s), and where a state juvenile court has determined that it is not in their best interest to be returned to their country of origin. See INA § 101(a)(27)(J). A child who receives SIJS can apply for lawful permanent residence once a visa is immediately available and they meet the other eligibility requirements. See INA § 245(h). As further explained below, until Congress fixes the SIJS visa backlog, SIJS youth must wait years before a visa is available for them to seek lawful permanent residence. This resource is intended to help SIJS advocates better understand the system used by the U.S. Department of State (DOS) to allocate visas. Advocates are critical in helping SIJS youth through this lengthy process, starting with helping SIJS youth understand how the visa system works.

Building Community-Driven Legal Services to Empower, Protect, and Defend Our Communities: Field Guide for Deportation Defense

Under the incoming Trump administration, all immigrants and refugees, regardless of status, must know their rights and information on available immigration relief and community resources. Legal capacity is critical but sorely limited and in need of robust expansion. Community education and guidance, through a Community Navigator training program, will be essential. Through the Legal Services Collective, NPNA will continue to strengthen the field’s legal infrastructure for service delivery and deportation defense; share and develop public education resources; assist and provide education to immigrant community members in applying for DACA renewals, TPS, Other Forms of Relief, and Naturalization; and expand our "Know Your Rights" community education work to protect and defend our communities.

Building Your Pro Bono Program

This video provides practical information to help organizations learn how to cultivate pro bono relationships, identify suitable pro bono service delivery models, and incorporate best practices for creating and running a program.

Case Management Toolkit

This toolkit is intended to facilitate the process of designing and/or improving the case management system in your immigration program. In a legal immigration context, a case management system consists of a policies and procedures manual; a database system; case management forms; and files used by legal representatives in a standardized manner for the purposes of delivering professional services and avoiding errors that can result in malpractice and liability. For organizations providing Violence Against Women Act (VAWA) immigration services, there are additional considerations when designing your case management system noted throughout the toolkit.

Challenges of Return After Deportation

Individuals deported from the United States face enormous legal and practical barriers to being able to return and rejoin their families and communities in the future. These barriers often convert deportation into a prolonged, if not lifetime, exile from the United States. This report provides an overview of the significant—often impossible—hurdles faced by deported individuals who seek return to the United States under the current legal regime and offers administrative and legislative policy recommendations to reduce these barriers and allow unjustly or wrongfully deported individuals to return home.

Challenging Naturalization Denials Based On “Unlawful Acts”

This guide is intended to assist clients who have been denied naturalization based on a lack of good moral character, specifically based on the commission of alleged “unlawful acts” during the statutory good moral character period.

Change in Options for Consular Processing

The Department of State (DOS) has reduced the options on where an immigrant visa applicant can consular process. Applicants must now select the U.S. consulate located either in their current place of residence or in their country of nationality. Effective Nov. 1, 2025, the National Visa Center (NVC) will schedule immigrant visa applicants in one of those places. Existing immigrant visa appointments will generally not be rescheduled or cancelled. Applicants residing in the United States will no longer be able to select a U.S. consulate in the country where they last resided. Under the new policy, these applicants would need to ask NVC to transfer their case there and provide a hardship justification.

CLINIC Court Watch: Federal Immigration Case Updates

Stay current with the latest federal court decisions shaping immigration law, policy, and practice across the country. CLINIC Court Watch is a monthly summary of significant rulings, ongoing litigation, and emerging trends in federal immigration cases. CLINIC Court Watch will include key takeaways from recent federal court decisions impacting immigration practitioners and their clients. Please note: case outcomes and procedural developments are subject to change as appeals proceed and courts issue further rulings.

CLINIC: Know Your Rights and Other Information

YOU HAVE RIGHTS regardless of your immigration status. You may be at risk of being deported if you are undocumented, if you are a non-citizen with a criminal history, if you are on parole or have a prior deportation order. To protect yourself, your family and your community you must KNOW YOUR RIGHTS. Knowledge is power. Act NOW. Do not wait. Be prepared.

Community Explainer: Week 1 Under Donald Trump 2.0

On the first day of his presidency, President Trump signed dozens of Executive Orders, including at least twelve that relate directly to immigration. This explainer gives an overview of what’s happened in week 1 and what we can expect next.

Community FAQ: What Do We Expect At The Beginning of Trump 2.0 and How You Can Get Prepared

We can’t know for certain what will happen once Trump is in office, beginning on January 20 of 2025. However, he has announced various plans, as have people who were part of his prior administration and who will likely be part of his new one. In this explainer, we will try to lay out what his likely first moves will be – and how you can best protect yourself and your loved ones.

Community Pointers: Enforcement in Immigration Court

This resource provides pointers for the community on recent enforcement actions occurring at immigration courts. It describes what we are seeing, where we are seeing it, what to know, best practices, what not to do, and includes helpful resources.

Community Pointer :Trump v. Casa, Inc. – Supreme Court Enters Birthright Citizenship Foray But Limits Decision to Procedural Issue

This community pointer provides updates on the litigation surrounding the Trump administration’s executive order on birthright citizenship.

Community Resources

The Immigrant Legal Resource Center's (ILRC) Community Resources page is a prime embodiment of our commitment to bringing clarity to complicated immigration issues. Resources on this page include a wide range of downloadable tools produced for diverse audiences, from experienced advocates to directly impacted community members seeking answers about the complex world of immigration law.

Department of State Requests for Personal Records

How to request U.S. Department of State (DOS) information about previous visa applications and passport records.

Deportation Defense Manual

The purpose of this manual is to provide information, resources, and a guide to create a plan of action to protect targeted communities against the ongoing anti-immigrant attacks of the Trump administration. It is important to remember when we act together, we have the power to protect one another even when immigration laws and agents do not respect our community. This manual contains three sections: (1) Know Your Rights, (2) Rapid Response to Raids, and (3) Deportation Defense.

Discrimination and Harassment in Employment

These resources can inform and serve as a guide to individuals who may have suffered discrimination or harassment at work.

DOJ Recognition and Accreditation Toolkit

This toolkit is designed to educate agencies on the need for DOJ recognition and accreditation and to assist them in the application process.

Employment Rights of Undocumented Workers

What legal rights do I have as an undocumented worker? With just a few exceptions, undocumented workers enjoy all of the legal rights and remedies provided by both Federal and California law. (The exceptions to this general rule, mainly in the areas of unemployment insurance and union organizing, are discussed below.)

FAQ on H.R.1 Fees for USCIS and EOIR Benefits

On July 4, 2025, the president signed the new budget bill H.R. 1 that increases the fees for certain immigration benefits and amends the availability of fee waivers in certain instances. This FAQ addresses questions related to the new fee increases.

FAQ: The Current State of DACA

This resource summarizes latest developments and clarifies the current status of DACA and the Texas II lawsuit.

Frequently Asked Questions About USCIS’s SIJS Deferred Action Policy

The End SIJS Backlog Coalition, a project of the National Immigration Project, is a nationwide coalition of directly impacted youth and allied advocates seeking to eradicate the SIJS backlog legislatively, and in the meantime mitigate its worst harms through administrative reforms. The Coalition appreciates USCIS’s deferred action policy as a needed first step in protecting these youth. However, we continue to encourage Congress to pass legislation eliminating the numerical visa limits and to urge the Department of Homeland Security (DHS) to enact more robust and lasting protection through regulations that recognize that all Special Immigrant Juveniles should be afforded employment authorization and protection from removal until they are able to apply for a green card. This FAQ provides an overview of the SIJS deferred action policy.

Frequently Asked Questions on T Visas: Immigration Status for Victims of Human Trafficking

This resource can be shared by practitioners with clients they have identified as eligible for a T Visa to help them understand the eligibility requirements and process of applying.

Frequently Asked Questions on U Visas – Immigration Status for Crime Victims

This FAQ is intended for those who may be eligible for a U visa

Friend of the Court Practice Advisory

You’ve Got a Friend in Me: Updates to Friend of the Court Practice in Immigration Court

Governor Landry's Executive Order Explainer

On January 16, 2024, Louisiana Governor Jeff Landry issued an executive order titled “Identifying, Quantifying, and Mitigating the Adverse Effects of Illegal Immigration of Louisiana.” This community explainer explains the memo and answers some frequently asked questions.

HR1 Fees at USCIS and EOIR

This practice advisory provides information about recently implemented fee increases at USCIS and EOIR. These fee increases are a result of the “One Big Beautiful Bill Act” also known as HR1. This advisory explores what we know and what we still don’t know about the fees, how to pay them, and potential future changes.

ICE Worksite Raid: Employer Rights and Responsibilities

When it comes to an immigration worksite raid, preparation is critical. Even if you are meticulous in confirming the work authorization of all of your employees, Immigration and Customs Enforcement (ICE) could investigate your workplace in connection with a lead or complaint, or based on other factors. If you do not have a worksite enforcement action plan in place, consult with your immigration attorney or seek the advice of a qualified immigration attorney so that in the event ICE makes an unannounced visit, you and your employees are ready.

Immigrant and Refugee Children: A Guide

Tools and resources to help protect and prepare youth and families in case of an ICE raid.

Immigrants' Rights

Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

Immigration Legal Services Screening Tool 2025

CLINIC's Immigration Legal Services Screening Tool provides sample questions your program may consider when screening individuals for immigration legal relief.

Immigration Program Management in Uncertain Times: Considerations Before Deciding to Downsize or Close an Immigration Legal Services Program

It is critical that an organization’s leadership understands that there are legal, ethical, reputational, and practical ramifications of hasty downsizing or program closure. While Board members and leaders of organizations that have been affected by dramatic funding cuts have fiduciary responsibilities to maintaining the financial health of the organization, they must balance these with their equally important legal, professional, and ethical responsibilities to clients.

Immigration Registration - How Things Work: The Legal Edition

Join Valencia Herrera, Managing Attorney at The Grande Law Firm and Adonia Simpson, Deputy Director of Policy and Pro Bono at the ABA Commission on Immigration, for a discussion exploring the Trump administration’s directive requiring noncitizens over the age of 14 to register with the government. Learn about how the historical context of registration, who is already considered registered, and how the registry places many individuals in a difficult position—facing either the risk of apprehension by immigration authorities or severe penalties for noncompliance, including fines, jail time, and deportation. This important conversation explores how advocates can help clients navigate this new requirement, and examines the broader implications of the registration.

“I’m Sorry, I Just Hallucinated!”: ChatGPT’s Apologies Won’t Protect Immigration Practitioners From Discipline

Despite the enormous potential for generative AI to increase efficiency in the legal practice, its ability to conduct legal research is imperfect. Ethical use of these tools by immigration practitioners requires not only technical proficiency but also a sound understanding of their inherent tendencies and limitations. The well-documented propensity of ChatGPT and similar generative AI tools to “hallucinate” or invent precedential case law poses grave risks to practitioners who are not diligent about verifying its output.  

IRAP Explainer on the US Refugee Admissions Program Suspension

IRAP has written an explainer providing an in-depth overview of the recent suspension of the U.S. Refugee Admissions Program (USRAP) following the January 20, 2025 executive order titled “Realigning the United States Refugee Admissions Program.” The explainer analyzes the implications of halting refugee case processing and admissions, how the suspension affects pending applications, and its impact on other pathways including Welcome Corps, Afghan SIVs, and family reunification. Published: April 28, 2025

IRAP: Legal Practitioner Resources

IRAP helps legal practitioners better represent refugees and displaced persons through a variety of resources. IRAP’s resources collect knowledge and best practices developed from over a decade of representing clients, as well as insights from reviewing thousands of government records about immigration processing obtained through the Freedom of Information Act (FOIA). Using this resource, you can access the variety of resources that IRAP has created, organized by the type of resource.

IRAP Practice Advisory on Preparing Afghan SIV Holders for Travel to the US

Key Areas of Addressing Capacity Building

The work of capacity building is of utmost importance in any political climate. Capacity building refers to identifying, recruiting, educating, and supporting nonprofit legal and non-legal practitioners in effectively assisting applicants navigating a myriad of immigration scenarios. This article discusses key areas of addressing capacity building.

Know Your Rights: A Guide To Your Basic Rights As An Undocumented Immigrant Living In The United States

No matter who is president, everyone living in the United States has certain basic rights under the U.S. Constitution, including undocumented immigrants.

Know Your Rights: Guide for Immigrant Communities in 2025

The incoming Trump administration has pledged to execute mass deportations, erode our essential civil rights and liberties, and separate immigrant families, most of whom have lived in the U.S. for decades. In the face of these threats, countless people are learning their rights and helping their families and neighbors do the same. Arming yourself with trusted, vetted information is one of the best ways to prepare and fight back. Every day, Asian Law Caucus attorneys and advocates work side by side with our clients and their loved ones to protect people’s rights and keep families together. Find key know-your-rights resources, guides, and blog posts from our team and partners here.

Know Your Rights: If You Encounter ICE

All individuals in the United States have rights, regardless of immigration status. This resource can help you protect yourself and your family, and defend your rights.

Know Your Rights: NIJC Resources

These National Immigrant Justice Center resources can provide guidance in many common scenarios.

Know Your Rights Toolkit

Advocates and community members can work together to fight messages of fear and panic by helping community members learn about their rights and how to protect themselves from ICE. The Immigrant Legal Resource Center has created a variety of materials to educate the community and prepare individuals for possible encounters with immigration authorities. 

Know Your Rights With ICE

This resource explains who is at risk of an ICE arrest and your rights when interacting with ICE officers.

Language Discrimination

Language discrimination occurs when a person is treated differently because of their native language or other characteristics of their language skills. This resource provides information about how handle this situation.

Naturalization Alert: Memos on Good Moral Character (GMC) and Neighborhood Visits

This practice alert covers recent U.S. Citizenship and Immigration Services (USCIS) policy statements announced in August 2025 that could affect naturalization applicants. On August 15, 2025, USCIS issued a memo which states an intent to change how the agency will assess whether applicants meet the good moral character (“GMC”) requirements for naturalization. On August 22, 2025, USCIS issued a memo that prescribes neighborhood visits to investigate naturalization applicants for scrutiny of the applicant’s residency, GMC, and attachment to the U.S. Constitution. As with the GMC memo, this memo does not exist in the official repository of USCIS policy, the USCIS Policy Manual. At this time there are no instructions on how these memos will be implemented by USCIS.

Naturalization Update: Policy Manual Revisions to the Disability Waiver

This practice advisory provides background on the disability waiver of the English and civics requirement for naturalization and describes the June 2025 revisions to the USCIS Policy Manual (PM) on the submission and review of disability waivers. The revised guidance in the PM applies to applications filed on or after the publication date of June 13, 2025. Overall, the PM revisions signal a change in tone that assumes fraud in the disability waiver process is frequent and encourages increased scrutiny by USCIS adjudicators.

Navigating EOIR Directives Under Trump 2.0: Practical Guidance for Advocates and Programs

Since returning to office, the Trump administration has issued a wave of executive orders, policy actions, memoranda, and guidance documents that significantly impact immigration law and the adjudication of cases. This resource seeks to highlight the key impacts of the new Executive Office for Immigration Review (EOIR) and Board of Immigration Appeals (BIA) memos for legal services providers (LSPs) and their clients and offers practical guidance for effective representation in immigration court. Last Updated: April 22, 2025

New Data Shows Immigrant Visa Interview Backlogs at US Consular Offices

How long will an immigrant visa applicant have to wait for an interview at a U.S. consular office after their visa application is complete? From the State Department’s internal data, we know that as of December 2024, some consular offices had no backlogs at all, while other offices expect to take over two years to schedule an interview. Frustratingly, the State Department provides no public data for immigrant visa applicants broken down by consular office, even though the State Department tracks this data internally and provides non-immigrant visa interview wait times on its website.

NILC Know Your Rights Resources

To learn more about key issues impacting immigrant communities, explore our Resource Library for expert-curated guides, toolkits, policy briefs, and more.

O.C.V. v. Bondi: Tenth Circuit Vacates Matter of M-R-M-S

This factsheet provides an overview of the Tenth Circuit's published decision in O.C.V. v. Bondi, vacating the Board of Immigration Appeals decision Matter of M-R-M-S-, which had established a heightened nexus standard in asylum cases.

OPLA Memo Community Explainer

You may have heard that there is a new prosecutorial discretion memo, and heard people referring to it as the “OPLA Memo.” This FAQ will explain the Memo. OPLA has also put on its website some materials for people who do not have lawyers representing them to help them request prosecutorial discretion, including this short guide as well as this form that people can use to request prosecutorial discretion.

Oral Opposition to Dismissal Template for Pro Se Respondents

Beginning in May, the Department of Homeland Security (DHS) has been orally requesting dismissal of both represented and unrepresented noncitizens’ removal proceedings in immigration court. Once the immigration judge grants dismissal, Immigration and Customs Enforcement (ICE) agents then arrest the noncitizen in or around immigration court buildings with the goal of placing them in expedited removal. Expedited removal is a process through which ICE can detain someone without access to release under bond and deport a person without giving them a hearing in immigration court.This Oral Opposition to Dismissal Template for Pro Se Respondents provides pro se noncitizens guidance on how to oppose a DHS motion to dismiss.

Partnership Toolkit

Partnerships are a valuable tool for any organization looking to expand or strengthen services in the community. In a well-functioning partnership, all members contribute ideas to the group, coordinate dates and events so that all can participate, and mutually benefit from the partnership. There are several ways to establish a partnership and many tools to use that can help organize and manage the operations. This toolkit includes sample materials for managing a partnership, guidelines for working within a partnership, and tips on what to look for in a potential partner.

Practice Advisory: Considerations in Asylum Claims for Transgender People

Practice Advisory: Ethical Duties in Immigration Cases After Funding Loss

Currently, many immigration legal service providers are facing the prospect of losing federal funding for direct representation work. The likely result of federal funding elimination is that some legal service offices will be forced to close, while others will have to reduce staff to sustain operations. This stark reality raises serious questions about legal services practitioners’ obligations to existing and future clients because ethical duties of competence, diligence, and preparedness continue to apply despite external factors such as funding availability.

Practice Advisory: Gathering Criminal Records for Immigration Matters

This practice advisory provides an overview of how to effectively gather criminal records for immigration matters. The advisory briefly reviews considerations for conducting a criminal contacts screening and for evaluating the possible implications of a noncitizen’s criminal history if they are applying for benefits before the United States Citizenship and Immigration Services (“USCIS”) or seeking a defense from removal in immigration courts (Section II). It then provides a summary of common criminal record terms (Section III) before reviewing steps and processes for conducting record searches both locally and federally (Section IV). Finally, it responds to some commonly asked questions about criminal record searches for noncitizens (Section V).

Practice Advisory Options for Relief Under Asylum Law for LGBTQ Applicants

CLINIC has partnered with the National Immigration Project and Ready to Stay to update a previously issued CLINIC practice advisory on LGBTQ asylum and related protection claims. This updated advisory discusses new LGBTQ precedent and also addresses the application of the Circumvention of Lawful Pathways rule in this context. The resource also includes a sample brief, a sample country conditions table of contents, and a sample CLP briefing in its appendices.

Practice Advisory: The Laken Riley Act's Mandatory Detention Provisions

On January 29, 2025, President Trump signed the Laken Riley Act (LRA) into law. The law expands no-bond detention for certain noncitizens in immigration proceedings, and it also purports to give states the ability to sue the federal government over immigration decisions they dislike, opening the door to politically motivated and discriminatory actions. The goal of this practice advisory is to support practitioners in defending noncitizens impacted by the LRA's detention provisions. It summarizes the law’s detention provisions, discusses groups of noncitizens whose detention should not be impacted by the LRA, provides potential arguments for a narrow interpretation of the provisions’ scope, describes procedural options for contesting a client’s mandatory detention under the LRA, and identifies considerations for criminal defense attorneys.

Practice Advisory: Understanding and Overcoming Bars to Relief Triggered by a Prior Removal Order

People who have been ordered removed by an immigration judge or other immigration official face significant risks and hurdles in establishing eligibility for immigration benefits for which they might otherwise be eligible. For example, individuals with removal orders are generally at risk of summary removal at any time. Having a removal order may also trigger bars to eligibility for immigration relief. And in the case of applications for immigration benefits such as adjustment of status and asylum, the noncitizen must typically first reopen the order before they can apply, and reopening carries its own list of requirements. It is thus important to conduct a careful eligibility analysis at the outset, as part of case assessment.

Practice Alert: Impact Of HR-1 On Trafficking Survivors

This Practice Alert will first explain the changes to USCIS and EOIR filing fees, and the new penalty fees to be imposed for certain immigration violations. Second, it will review changes to immigrant eligibility for public benefits as they relate to immigrant survivors of human trafficking. Finally, this Practice Alert will discuss how immigrant survivors of human trafficking are affected by these changes and what practitioners can do to address the potential negative impact HR-1 will have on their clients.

Practice Alert: Protecting Noncitizens From Expedited Removal and Immigration Court Arrests

Beginning in May 2025, Immigration and Customs Enforcement (ICE) has been arresting noncitizens in or around immigration court buildings and subjecting them to expedited removal, following dismissal of their section 240 removal proceedings by ICE counsel. This Practice Alert explains briefly what has been happening and immediate steps practitioners should take to protect their clients and advise pro se respondents.

Practice Pointer: The "Project Homecoming" Proclamation and the CBP Home App's "Self-Deportation" Program

This practice pointer provides information on the White House’s “Project Homecoming” Proclamation and the Department of Homeland Security’s new program for noncitizens who wish to “self-deport.”

Practice Pointer: USCIS Transition to Electronic Payments

This practice pointer will help immigration legal service providers (ILSPs) prepare for this change by detailing how to make electronic payments and warning of the pitfalls that can lead to USCIS rejecting an application for lack of payment. For ILSPs that may wish to make payment on behalf of clients for their ease and to ensure payments are not rejected, this practice pointer provides an overview of how ILSPs can ensure compliance with relevant ethical rules regarding holding client funds.

Precedent or Policy? A Quiet Transformation of the Board of Immigration Appeals

The Board of Immigration Appeals (BIA) is an administrative agency within the Department of Justice (DOJ) which adjudicates appeals of decisions by immigration judges and certain U.S. Citizenship and Immigration Services (USCIS) denials. The Board receives 30,000-60,000 appeals each year. In 2024, the BIA adjudicated 44,785 appeals, leaving 138,672 cases pending. Very few of these decisions are “published,” meaning that the decision becomes available to the public and is binding on immigration judges and USCIS. Over the past eight years, the Board issued between 13-27 precedential decisions each year. However, as of Aug. 22, 2025, the Board has already published 34 precedential cases and is on track to set a record for the number of cases published in a single year.

Preparing Your Clients for the 2025 Naturalization Civics Test

During the first Trump administration, the 2008 version of the civics test was revised and implemented as the 2020 naturalization test. This version was briefly administered from Dec. 1, 2020, to April 30, 2021, before being replaced by the 2008 version again under the Biden administration. Now, under Trump’s second term, USCIS has introduced a modified version of the 2020 test, titled the 2025 Naturalization Civics Test.

President Biden's Marijuana Pardons: Who Do the Pardons Apply To?

This resource explains who President Biden's 2021 marijuana pardons apply to.

Pro Se Guide for Motion to Change Hearing to WebEx

This guide and template motion can be used by pro se respondents in immigration court to request that the immigration judge change their hearing from in-person to virtual via WebEx. This guide and template do not constitute legal advice.

Protective Federal Immigration Enforcement Policies

Florida’s aggressive anti-immigrant laws imperil and harm thousands of noncitizen state residents, including the state’s estimated nearly 800,000 undocumented residents. However, noncitizens in Florida may be able to benefit from federal immigration policies. These federal policies guide immigration officers in deciding how and against whom to enforce immigration laws. Noncitizens may therefore use one or more of these policies to argue that they should not be subject to arrest or deportation by ICE, notwithstanding Florida’s state laws.

Red Cards / Tarjetas Rojas

All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The ILRC’s Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home. ---------- Todas las personas en los Estados Unidos - sin importar su estatus migratorio - tienen derechos y protecciones bajo la constitución del país. Nuestras Tarjetas Rojas ayudan a los inmigrantes ejercer esos derechos y protegerse en muchas situaciones, como cuando agentes de inmigración visitan nuestras viviendas.

Remote Legal Support: A Guide for Nonprofit and Pro Bono Innovation

Immigration Advocates Network, Pro Bono Net, and partners created this manual in response to a national survey of immigration legal service providers. We've published key findings from the national survey results, to share the nonprofit immigration field's experience and interest. The manual features successful Remote Legal Support (RLS) programs, including program logistics, processes, challenges, tools, checklists, sample documents, and best practices. Finally, it includes projects and models from across the nonprofit sector.

Rescreening for Relief

Given the Trump administration’s attempts to terminate the Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), and the uncertain futures of Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA), it’s critical to rescreen beneficiaries of these protections for all other forms of immigration relief. This advisory reviews some of the most common forms of relief that may be available to TPS, DACA, and parole beneficiaries. It also provides tips on screening for inadmissibility, which is a prerequisite to many types of relief.

Risk Assessment for Naturalization Applicants

This practice advisory from CLINIC, the Ready to Stay coalition, Immigrant Legal Resource Center, and the National Immigration Project summarizes the most common reasons why USCIS may deny an N-400, provides guidance for ways to screen and avoid an N-400 denial and removal proceedings, and discusses immigration relief options in immigration court.

Screening for Immigration Relief: Client Intake Form and Notes

This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options and assessing red flags. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options as well as a summary of common forms of relief. This sample client intake form is generic, to screen for general relief since the goal at the screening stage is not to make a final determination of eligibility but to assess pathways for relief.

Seeking Fee Waivers Before EOIR

Practitioners before the Executive Office for Immigration Review (EOIR) are dealing with competing pressures when deciding whether to seek a fee waiver for a client in removal proceedings. The recently passed congressional legislation dramatically increases fees for post-decision motions and appeals, making such motions and appeals impossible for many noncitizens to afford. For example, the fee for an appeal to the Board of Immigration Appeals (BIA) is now $1,010 (up from $110), while a motion to reconsider or reopen before the BIA or Immigration Judge (IJ) is now $1,045 (up from $145).   

September 30th Mayorkas Memo - Quick FAQ

This quick explainer discusses DHS Secretary Mayorkas September 30th memo entitled “Guidelines for the Enforcement of Civil Immigration Law.” This Memo replaces the two earlier prosecutorial discretion memos from January 20 and from February 18, but it will not go into effect until November 29, 2021.

Setting the Record Straight About Sanctuary Policies: A Response to Threats Against Sanctuary Cities

This resource explains how and why sanctuary policies are lawful and constitutionally protected, despite recent attacks from America First Legal and the Department of Justice.

Southern District of California - Immigration Habeas Filing Checklist

Use this checklist to stay on track when filing and serving in the Southern District of California (S.D. Cal.).

Special Immigrant Visas for Afghans and Iraqis

SIV Practice Guide: IRAP Updates Resource for Practitioners Representing SIV Applicants

Supreme Court Roundup: What Immigrant Rights Advocates Need to Know

This community FAQ explains some of the most prominent Supreme Court decisions from the 2024 term, especially those that affect immigration.

Template Opposition to Motion to Recalendar Proceedings

There are reports that the Department of Homeland Security is moving to recalendar all administratively closed cases pending before the immigration court. Note that recalendaring is not automatic under the regulations and the Immigration Judge is required to consider various factors when determining whether to recalendar proceedings. This template opposition to recalendaring, drafted by CLINIC and AILA, can be adapted by practitioners to fit their client's needs

Temporary Protected Status Designation Decisions: What You Should Know

This resource explains the process of terminating a TPS designation and issues that practitioners should watch out for.

Temporary Protected Status (TPS) for Afghanistan

TPS Afghanistan is set to end on July 14, 2025. New applications will be accepted through May 20, 2025, but are not likely to be processed. If you have TPS, you will currently have benefits through July 14, 2025.

Ten Red Flags of a Sham Marriage

This article will examine the factors or evidence that give rise to heightened scrutiny and the documentary proof you should include to increase the odds that the marriage-based petition or application will be approved.

The INA's Distorted Definition of "Conviction"

Criminal convictions often carry immigration consequences, including mandatory detention and deportation. A conviction is when a criminal court or jury decides that a person is guilty of a crime or a person pleads guilty to having committed a crime. This community explainer discusses the INA's distorted definition of "conviction."

The Power of a Pardon: Breaking Down the Intersection of Pardons and Immigration

This details the intersection of pardons and immigration and explain why increasing the accessibility, transparency, and frequency with which governors, pardoning bodies, and the president grant pardons should be an advocacy priority.

Things You Should Know About Proving Your Work Status to Your Employer

Document abuse occurs when an employer does not permit a worker to use any combination of documents that are legally acceptable. This resource provides information about how handle this situation.

Three BIA Decisions Severely Limit Bond Eligibility  

The Board of Immigration Appeals (BIA) recently issued three precedential decisions relating to custody redetermination, or “bond,” proceedings before immigration judges (IJs) that limit — or eliminate altogether — bond eligibility for many detained individuals. This article analyzes these three decisions. 

Trump Administration Ends Policy That Helped to Reunite Refugee and Asylee Couples Who Cannot Legally Marry

In June 2025, the Trump administration ended a longstanding exception that allowed families of refugees and asylees who could not lawfully marry, often due to laws that discriminated against refugees or LGBTQ couples, to reunite in the United States.

United We Dream: Know Your Rights

ICE and CBP might not respect our rights, but they cannot take away our POWER. Use these resources to learn about your rights and express them in case you have an encounter with an immigration official.

Updating Your Social Security Number With Your Employer

This resource can inform and serve as a guide to individuals who need to update their Social Security Number with their employer.

USCIS Amends Good Moral Character Standard for Naturalization Applicants 

U.S. Citizenship and Immigration Services (USCIS) recently increased the scrutiny officers would apply in determining whether naturalization applicants can establish their necessary “good moral character” (GMC). The new Policy Memorandum marks a notable shift in how applicants for U.S. citizenship are evaluated — not just for past misconduct, but also for their positive contributions and overall character. While certain acts will make the applicant ineligible to establish GMC, the new standard requires the applicant to proactively demonstrate certain positive set forth in the memo.

USCIS Changes Date of CSPA Age Calculation

U.S. Citizenship and Immigration Services (USCIS) has revised Vol 7, Part A, Chapter 7, of the Policy Manual regarding the date of age calculation under the Child Status Protection Act (CSPA). Beginning on Aug. 15, 2025, the agency will calculate the child’s age when the priority date becomes current using the Visa Bulletin’s Chart A, Final Action Dates, or when the petition is approved, whichever is later. This resource discusses the implications of this change for clients and legal practitioners.

USCIS Child Status Protection Act Policy Update

This practice alert provides an overview of updated USCIS policy on the Child Status Protection Act (CSPA), which affects noncitizens hoping to immigrate through adjustment of status as the “child” of a lawful permanent resident or other derivative “child” beneficiary and who might rely upon CSPA to remain classified as a “child” even if their biological age is 21 or older. On August 8, 2025, USCIS announced that it was reversing a 2023 policy relating to the CSPA. This alert describes the 2023 guidance, current guidance, and CSPA provisions impacted by this change.

USCIS Issues New NTA Guidance Memo - English and Spanish

This resource provides information for practitioners on a new policy memo issued by USCIS on Feb. 28, 2025, which revives previous Trump administration policies that expanded situations where USCIS was directed to issue Notices to Appear (NTAs) to individuals applying for immigration benefits. It includes a draft informed consent document for individuals who may be subject to NTA issuance.

USCIS Narrows Defenses and Clarifies the “False Claim to U.S. Citizenship” Ground

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual Volume 8, Part K, Chapter 2, to incorporate more fully the application of the Board of Immigration Appeals (BIA) decision in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019). In that decision, the BIA held that the false claim of U.S. citizenship ground of inadmissibility under Immigration and Nationality Act (INA) § 212(a)(6)(C)(ii) does not include an intent requirement. Prior DHS guidance had treated the person’s knowledge, age, or mental capacity as possible defenses to this ground. The update spells out when the person might still be able to show they did not have a subjective intent to obtain a benefit under state or federal law. It is effective immediately for cases pending or filed on/after Aug. 20, 2025.

What is Section 1324? Understanding the Federal Crimes of Smuggling, Transporting, Concealing, Harboring, Encouraging or Inducing.

This resource explains Section 1324, the federal law that criminalizes smuggling, transporting, concealing, harboring, encouraging or inducing someone to enter or stay in the United States without authorization. It explains the criminal actions involved when someone does or tries to help another person come to or stay in the United States unlawfully.

You’re Approved – Now What? Next Steps for Starting Immigration Practice and Maintaining Accreditation

The practice of immigration law can be both exciting and challenging for newly accredited representatives. New practitioners have much to weigh and plan for as they begin their professional journey. This resource provides guidance and actionable steps to support a successful transition into practice following Department of Justice accreditation approval. It also includes information on best practices for maintaining and renewing accreditation with the Recognition and Accreditation program (RAP), the office which administers the Department of Justice Recognition and Accreditation Program (DOJ R&A).