LGBTI-DACA Recipients and Options for Relief under Asylum Law As the future of DACA recipients remains uncertain, practitioners who work with DACA recipients should explore permanent relief options for this vulnerable population. Many DACA recipients are LGBTI and this advisory discusses LGBTI claims for asylum, withholding or removal and protection under the Convention Against Torture,…

Screening-DACA-Recipients-for-Special-Immigration-Juvenile-Status-Eligibility As the future of the Deferred Action for Childhood Arrivals (DACA) program becomes increasingly uncertain, it becomes more important to screen DACA recipients for eligibility for other immigration benefits. Special Immigrant Juvenile Status (SIJS) is one of the benefits for which DACA recipients should be screened. SIJS is an immigration benefit available to children…

Outline of United States Asylum Law: Substantive Criteria and Procedural Concerns: The purpose of this memorandum is to offer a short outline of some significant issues in asylum law for the benefit of volunteer lawyers seeking to represent asylum seekers in quasi-judicial proceedings before the Executive Office for Immigration Review. Its objective is not to…

Prosecutorial Discretion: How to Advocate for Your Client: This practice advisory explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can advocate for the favorable exercise of prosecutorial discretion by DHS officers, whether from ICE, USCIS or…

ICE in the Courts – Best Practices:  In recent months, U.S. Immigration and Customs Enforcement (ICE) has become a more regular presence in our courthouses. In protecting our clients, we must provide competent and effective legal representation while being careful not to engage in conduct prohibited by the federal harboring statute, 8 U.S.C. § 1324. …

Expedited Removal: What Has Changed Since Executive Order No. 13767, Border Security And Immigration Enforcement Improvements: This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project of the National Lawyers Guild and the Immigrant Rights Project of…

Basic Overview: Introduction to Habeas Corpus: This practice advisory is an introduction to the law of habeas corpus in the immigration context. This advisory is intended for lawyers and does not substitute for individual legal advice supplied by a lawyer familiar with a client’s case. The cases included here are cited as examples only and…