Immigration

U.S. Citizenship and Immigration Services (USCIS)

Description: Main federal agency handling lawful immigration to the U.S.
Who Qualifies: All individuals applying for visas, green cards, naturalization, asylum, DACA, TPS, etc.
Intake Process: Online filing, paper forms, or scheduled appointments via USCIS field offices.
Hours of Operation: Varies by office; online portal available 24/7.
Contact Info: USCIS Contact Center | 800-375-5283

Executive Office for Immigration Review (EOIR)

Description: Handles immigration court cases and the Board of Immigration Appeals (BIA).
Who Qualifies: Immigrants and asylum seekers with cases in removal proceedings or appeals.
Intake Process: Through assigned court proceedings or filing with BIA.
Hours of Operation: Court hours vary by location.
Contact Info: EOIR Automated Case Info: 800-898-7180

Office of Refugee Resettlement (ORR)

Description: Supports refugees, asylum seekers, trafficking survivors, and unaccompanied children.
Who Qualifies: Refugees, asylees, SIVs, Cuban/Haitian entrants, trafficking survivors, UACs.
Intake Process: Through resettlement agencies or state/local refugee programs.
Hours of Operation: Mon–Fri, hours vary by region and program.
Contact Info: Use local affiliate contacts via ORR provider directories.

Immigration Court Helpdesk (ICH)

Description: Offers free orientation sessions, self-help assistance, and guidance for people in immigration court.
Who Qualifies: Unrepresented immigrants in removal proceedings in certain immigration courts.
Intake Process: Attend a scheduled orientation session in person or virtually.
Hours of Operation: Varies by court location.
Contact Info: Find local ICH contact through EOIR courts or EOIR’s website.

Legal Orientation Program (LOP)

Description: Provides free legal education to detained immigrants.
Who Qualifies: Detained individuals in removal proceedings at participating detention centers.
Intake Process: Delivered by legal service providers contracted by the government.
Hours of Operation: Varies by facility.
Contact Info: Through local immigration detention facility or provider.

Department of Homeland Security (DHS) Civil Rights and Civil Liberties

Description: Investigates complaints about immigration enforcement violations, discrimination, and rights abuses.
Who Qualifies: Anyone alleging a civil rights violation by DHS (CBP, ICE, USCIS).
Intake Process: Submit a complaint online or by mail.
Hours of Operation: Mon–Fri, 9am–5pm EST
Contact Info: Submit Complaint | CRCL@hq.dhs.gov

National Immigration Legal Services Directory (CLINIC)

Description: Directory of DOJ-accredited immigration legal services across the U.S.
Who Qualifies: Immigrants and refugees seeking nonprofit or low-cost legal help.
Intake Process: Search directory and contact providers directly.
Hours of Operation: Varies by organization.
Contact Info: Each listing includes individual office info.

USA.gov Immigration and Citizenship

Description: Central federal portal for immigration services, green cards, asylum, DACA, and more.
Who Qualifies: All immigrants, sponsors, and families.
Intake Process: Links to official federal agencies and programs.
Hours of Operation: 24/7 online access.
Contact Info: 1-844-USA-GOV1 (1-844-872-4681)

U.S. Department of Justice – Recognized Organizations & Accredited Representatives

Description: Public list of DOJ-recognized nonprofit immigration legal providers and staff authorized to practice law.
Who Qualifies: Immigrants seeking free or low-cost legal assistance.
Intake Process: Use the public roster to find approved legal help in your area.
Hours of Operation: Varies by provider.
Contact Info: Each listing contains phone/email for direct access.

RAICES (Refugee and Immigrant Center for Education and Legal Services)

Description: Provides free and low-cost legal services to immigrants and refugees, especially in Texas. Focuses on family, asylum, detention, and humanitarian cases.
Who Qualifies: Low-income immigrants, refugees, asylum seekers, detained immigrants.
Intake Process: Online intake form or phone contact; varies by program.
Hours: Mon–Fri, 9am–5pm CST
Contact: (210) 222-0964 | info@raicestexas.org

National Immigration Law Center (NILC)

Description: National nonprofit dedicated to defending and advancing the rights of low-income immigrants through legal advocacy, policy work, and education. Does not provide direct legal representation but supports community organizations and policy reform.
Who Qualifies: Immigrant communities and advocates nationwide.
Intake Process: Not a direct legal service provider; resource and policy center.
Hours: Mon–Fri, 9am–5pm PST
Contact: (213) 639-3900 | info@nilc.org

Immigrant Legal Resource Center (ILRC)

Description: Provides legal training, resources, and advocacy to support immigrant rights. Focuses on legal empowerment of community organizations and lawyers.
Who Qualifies: Immigration advocates, attorneys, and organizations.
Intake Process: Not direct legal services; training and resource provider.
Hours: Mon–Fri, 8am–5pm PST
Contact: (415) 255-9499 | info@ilrc.org

American Immigration Lawyers Association (AILA)

Description: National association of immigration attorneys that provides legal resources and referrals. Public can use the attorney search to find private immigration lawyers.
Who Qualifies: Immigrants seeking private immigration attorneys.
Intake Process: Use online attorney search or contact local chapters.
Hours: Mon–Fri, 9am–5pm EST
Contact: (202) 507-7600 | memberservices@aila.org

Kids in Need of Defense (KIND)

Description: Provides free legal representation and advocacy for unaccompanied immigrant and refugee children.
Who Qualifies: Unaccompanied children in immigration proceedings.
Intake Process: Referral-based; works through legal aid and child welfare organizations.
Hours: Mon–Fri, 9am–5pm EST
Contact: (202) 824-8680 | info@supportkind.org

Human Rights First – Refugee and Asylum Programs

Description: Offers legal assistance and advocacy for refugees, asylum seekers, and victims of trafficking.
Who Qualifies: Refugees, asylum seekers, trafficking survivors.
Intake Process: Through referrals and partnerships with local providers.
Hours: Mon–Fri, 9am–6pm EST
Contact: (212) 845-5200 | immigration@humanrightsfirst.org

Catholic Legal Immigration Network, Inc. (CLINIC)

Description: Network of community-based immigration legal service providers across the U.S., focusing on affordable legal help and advocacy.
Who Qualifies: Low-income immigrants and refugees.
Intake Process: Find local providers through the online directory.
Hours: Varies by local affiliate.
Contact: (301) 565-4800 | info@cliniclegal.org

Refugee Council USA (RCUSA)

Description: National coalition of U.S. organizations advocating for refugee protection and rights.
Who Qualifies: Refugees and asylum seekers, advocates, and service providers.
Intake Process: Advocacy organization; no direct client intake.
Hours: Mon–Fri, 9am–5pm EST
Contact: info@rcusa.org

National Immigrant Justice Center (NIJC)

Description: Provides direct legal services and advocacy for immigrants, refugees, and detainees, including asylum and family reunification.
Who Qualifies: Low-income immigrants and asylum seekers nationwide.
Intake Process: Online intake form and phone contact.
Hours: Mon–Fri, 9am–5pm CST
Contact: (312) 660-1370 | info@immigrantjustice.org

Humanitarian Visa & Special Programs Help

• Special Immigrant Visa (SIV) Program – U.S. Department of State
  Description: Visa program for certain Afghan and Iraqi nationals who worked with the U.S. government.
  Intake Process: Apply through State Dept.; assistance often available through nonprofit partners.
• T Visa & U Visa for Trafficking and Crime Victims
  Description: Immigration relief for victims of trafficking (T visa) and certain crimes (U visa).
  Intake Process: Application through USCIS; legal assistance recommended.

During ICE Encounters (Home, Workplace, Street)

Key Rights:

• You have the right to remain silent.
• You do not have to open the door unless ICE has a signed warrant with your name and address.
• You have the right to speak to an attorney before answering questions.

Practical Tips:

• Keep a red card or “Know Your Rights” card nearby to silently invoke your rights (many versions are multilingual).
• At work, ICE needs a warrant to enter private areas.

Suggested Print Resource:
Immigrant Legal Resource Center (ILRC) Red Cards – English & Spanish

When Detained or Arrested

Key Rights:

• You can ask to speak to a lawyer immediately.
• Do not sign anything without a lawyer — signing may give up your rights.
• You are not required to answer questions about your immigration status or where you were born.

Practical Tip:

• Memorize your A-number and a trusted contact’s phone number.

Printable Guide:
National Immigration Law Center (NILC): Detention & Deportation Toolkit

In Immigration Court

Key Rights:

• You have the right to an interpreter.
• You have the right to an attorney (but not one provided by the government).
• You can request time to find a lawyer or to prepare your case.

Practical Tip:

• Always attend your hearings. Missing court can result in automatic removal.

Asylum Seekers’ Rights

Key Rights:

• You have the right to request asylum if you fear return to your country.
• You do not need to enter through a port of entry to request asylum.
• You can apply within one year of arriving in the U.S. (exceptions apply).

Resource:
Asylum Seeker Advocacy Project (ASAP)

Unaccompanied Minors’ Rights

Key Rights:

• Children have the right to a court hearing before removal.
• They are entitled to legal representation, but it’s not government-paid.
• They have the right to be placed in safe and appropriate housing.

Support Org:
Kids in Need of Defense (KIND)

Public Benefits Eligibility for Immigrants

Overview:

• Many lawful permanent residents (green card holders) qualify for federal benefits after a 5-year waiting period.
• Emergency Medicaid, WIC, and public schooling are available regardless of status.
• Benefits received by children generally do not impact parents’ immigration cases.

Resource:
Protecting Immigrant Families: Benefits Guide

Right to Remain Silent / Access an Attorney

Key Rights:

• You do not have to discuss your immigration status with police or ICE.
• Say, “I am exercising my right to remain silent” and repeat it if necessary.
• Ask for a lawyer and do not answer questions until one is present.

Multilingual Print Card:
ACLU Know Your Rights Cards (in multiple languages)

Non-Citizen Workers’ Rights Under Labor Laws

Key Protections:

• All workers, regardless of status, have the right to be paid for their work and to work in safe conditions.
• Employers cannot retaliate for reporting labor violations.
• You can file complaints with state or federal labor agencies.

Resource:
National Employment Law Project (NELP): Immigrant Worker Rights

Printable “Know Your Rights” Cards in Multiple Languages

Recommended Downloads:

• ILRC Red Cards (English, Spanish): https://www.ilrc.org/red-cards
• ACLU Multilingual Rights Cards: https://www.aclu.org/know-your-rights
• United We Dream Wallet Cards (for youth, DACA holders, etc.): https://unitedwedream.org/resources

Right to Interpretation and Translation in Court and Federal Agencies

Federal Law Guarantees Language Access:

• Under Title VI of the Civil Rights Act, individuals with Limited English Proficiency (LEP) have the right to language assistance when accessing federally funded programs and services.

In Immigration Court:

• The Executive Office for Immigration Review (EOIR) is required to provide free interpreters during all immigration court proceedings.
• Respondents should never be asked to bring their own interpreter in court.

In Federal Agencies (e.g., USCIS, ICE):

• Individuals have the right to:
  • Interpreter services during interviews and appointments
  • Translated forms and notices (when available)
• This includes asylum interviews, green card interviews, and credible fear screenings.

Tip: If language help is denied, individuals can file a complaint with the Office for Civil Rights and Civil Liberties (DHS).

Language Access Policy: USCIS

How to Request Interpreters

For USCIS Interviews:

• You may bring your own interpreter, who must:
  • Be over 18
  • Speak both languages fluently
  • Not be your attorney or representative
• In some cases (e.g., asylum), USCIS will provide a contract interpreter.

In Immigration Court:

• You do not need to request an interpreter — one should be provided automatically.

If Interpreter Quality Is Poor:

• You can raise concerns with the immigration judge.
• You can also file a complaint with EOIR

Other Settings (Hospitals, Schools, Courts):

• Ask for “language access services” and identify your language.
• Many states and agencies are legally required to provide interpreters at no cost.

Multilingual Resources Available

National Organizations Offering Translated Materials:

• Immigrant Legal Resource Center (ILRC)
  https://www.ilrc.org
  Offers Know Your Rights cards, asylum info, and family preparedness guides in Spanish, Chinese, Arabic, Korean, Tagalog, and more.
• National Immigration Law Center (NILC)
  https://www.nilc.org
  Has public charge fact sheets and benefit eligibility guides in multiple languages.
• Legal Aid & Statewide Advocacy Groups
  Many local legal nonprofits (like Catholic Charities, RAICES, or local immigrant justice centers) provide flyers, video explainers, and legal info in multiple languages.
• USCIS Multilingual Resources
  https://www.uscis.gov/tools/multilingual-resource-center
  Offers translated versions of forms, policy guidance, and general immigration process summaries in over 20 languages.

Language Line Services:

• Some nonprofits use Language Line or telephonic interpretation to assist clients in real time.
• These may be available for walk-in services, consultations, or emergencies.

What to Do if ICE Comes

If ICE Is at Your Door:

• Do not open the door unless they show a signed judicial warrant with your name and address.
• You can ask them to slip the warrant under the door or hold it up to a window.
• Say:
  “I do not wish to speak with you. I want to remain silent. I want to speak to a lawyer.”

If ICE Stops You in Public:

• You have the right to remain silent.
• You do not have to answer questions about:
  • Immigration status
  • Country of origin
  • How you entered the U.S.
• You do not have to sign anything without a lawyer.

Tip: Carry a Know Your Rights card and hand it to agents if approached.
Download multilingual cards from ILRC

How to Make a Family Plan

Why It’s Important:

• ICE arrests or detentions can happen suddenly.
• A clear plan helps protect children and ensures critical decisions are honored.

Steps to Take:

1. Identify emergency caregivers — trusted adults who can care for your children if you’re detained.
2. Make copies of:
   • Birth certificates
   • Passports
   • A-numbers
   • Medical records
   • School contacts
3. Practice the plan with family members, especially kids.
4. Keep a list of emergency contacts and a copy of the plan in a safe but accessible place.

How to Assign Power of Attorney

What It Does:

• Gives someone legal authority to make decisions on your behalf (financial, legal, or child care decisions) if you’re detained or deported.

How to Do It:

• Use a power of attorney form that meets your state’s legal requirements.
• Choose a trusted adult to care for your children or handle your affairs.
• Have the form notarized if possible.

Note: A power of attorney does not transfer custody permanently, but allows someone to act in your place during an emergency.

Childcare and Custody Planning if Detained

Protecting Your Parental Rights:

• Parents maintain legal rights over their children unless a court orders otherwise — even if detained or deported.

Planning Steps:

• Complete:
  • Power of Attorney
  • Temporary custody forms
  • Caregiver affidavits
• Inform children’s school and doctor about emergency caregivers.
• Give caregivers access to:
  • Insurance cards
  • Medical consent forms
  • School registration records

Keep All Documents:

• In a folder at home and a digital backup (email or cloud)

Legal Aid Can Help:

• Many organizations assist in creating family preparedness documents and fighting to preserve custody.

Support Groups:

• Appleseed’s Parent Preparedness Toolkit
• Immigrant Legal Resource Center: Family Preparedness

Immigration and Nationality Act (INA), Asylum Law, DACA, and TPS

Immigration and Nationality Act (INA):

• The core law governing U.S. immigration.
• Covers who can enter, stay, be removed, and gain lawful status.
• Includes rules for visas, green cards, asylum, and naturalization.

Asylum Law:

• U.S. law and international treaties allow people fearing persecution to seek asylum.
• To qualify, an applicant must prove a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.

Deferred Action for Childhood Arrivals (DACA):

• Protects eligible undocumented individuals brought to the U.S. as children from deportation.
• Offers renewable two-year protection and work authorization.
• As of now, new DACA applications are paused due to court rulings, but renewals are allowed.

Temporary Protected Status (TPS):

• Granted to people from countries facing natural disasters, war, or unsafe conditions.
• Provides protection from deportation and permission to work, but not a pathway to a green card.

What Changes Under Different Administrations

• U.S. immigration policy often shifts based on presidential administrations.
• Presidents control enforcement priorities, such as focusing on certain types of removals or granting deferred action.
• Policy tools like DACA, TPS designations, and asylum processing procedures are affected by executive actions and court challenges.
• Immigration courts and agencies (like USCIS and ICE) follow rules set by current leadership, often through regulations or memos.

What “Undocumented” Legally Means

• A person is undocumented if they are in the U.S. without lawful status, either by:
  • Entering without permission, or
  • Overstaying a visa.
• “Undocumented” does not always mean unknown — many people with pending applications or known identities are still considered undocumented by immigration law.

Lawful Presence vs. Lawful Status

Lawful Presence

• Refers to people temporarily allowed to stay in the U.S. (like DACA or TPS recipients).
• It means the person is not currently at risk of removal, but may not have long-term permission.

Lawful Status

• A stronger legal category that includes permanent residents (green card holders), visa holders, refugees, etc.
• Includes people who can adjust to citizenship or extend their stay legally.

Example: A DACA recipient has lawful presence but not lawful status.

What a Notice to Appear (NTA) Is

• A Notice to Appear (NTA) is a formal charging document that begins removal (deportation) proceedings.
• It lists alleged immigration violations and includes:
  • The person’s name and details
  • The reasons they are removable
  • A date to appear in immigration court (sometimes this is added later)

Important: Receiving an NTA does not mean immediate deportation — it starts a legal process with the chance to fight your case.

How Removal/Deportation Works

• The removal process involves several steps:
  1. Encounter or arrest by ICE or CBP
  2. Issuance of an NTA
  3. Immigration court hearings
  4. A judge decides whether the person may stay or be removed
  5. If removal is ordered, the person may be:
     • Detained until deported, or
     • Allowed to leave voluntarily
• Some people can appeal, reopen their case, or request protection (like asylum or cancellation of removal).

How Immigration and Criminal Law Intersect (“Crimmigration”)

• “Crimmigration” is the overlap of criminal law and immigration law.
• Certain criminal convictions can trigger deportation, even for long-time green card holders.
• Some people are detained by ICE after serving time in criminal custody.
• Crimes like drug offenses, theft, domestic violence, or DUIs can make someone “removable” or “inadmissible.”
• Legal representation is critical in these cases, as the stakes are high and the laws complex.

Asylum and Withholding of Removal

Asylum:

• Protection for people who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
• Must apply within one year of arriving in the U.S., unless exceptions apply.
• Approved asylum grants a work permit, access to some benefits, and a path to a green card after one year.

Withholding of Removal:

• Similar to asylum but harder to win and does not lead to a green card.
• Provides protection from being deported to a specific country if persecution is more likely than not.

Temporary Protected Status (TPS)

• Available to nationals from countries facing ongoing armed conflict, natural disasters, or other extraordinary conditions.
• Offers temporary protection from deportation and work authorization.
• Does not provide a path to permanent residency.
• Status is designated country by country by the U.S. government and must be renewed periodically.

Deferred Action for Childhood Arrivals (DACA)

• Protects certain undocumented immigrants who came to the U.S. as children before June 2007.
• Offers two-year renewable protection from deportation and work authorization.
• Applicants must meet age, education, and criminal history requirements.
• New applications are currently paused, but renewals are allowed.

Special Immigrant Juvenile Status (SIJS)

• For undocumented children who have been abused, neglected, or abandoned by one or both parents.
• Must obtain findings from a state juvenile or family court.
• If approved, leads to a green card, though it may limit family-based immigration later.
• Only available to applicants under age 21 and unmarried.

T Visas (Human Trafficking Victims)

• For people who are victims of human trafficking, including labor and sex trafficking.
• Must cooperate with law enforcement in the investigation or prosecution.
• Provides protection from removal, work authorization, and a path to a green card after 3 years.
• Certain family members may also qualify.

U Visas (Crime Victims Who Cooperate)

• For victims of certain serious crimes (e.g., domestic violence, assault, trafficking, kidnapping) who suffered harm and helped or agreed to help law enforcement.
• Provides deferred action, work authorization, and a path to a green card after 3 years.
• Applications are backlogged, but bonuses include broader waivers for prior immigration issues.

Violence Against Women Act (VAWA) Protections

• Allows undocumented spouses, children, or parents of abusive U.S. citizens or permanent residents to apply for relief without the abuser’s knowledge or consent.
• Provides work authorization, deferred action, and a path to a green card.
• Available to all genders, not just women.

Family-Based Petitions (I-130, K Visas)

I-130 Petition (Family-Based Green Card):

• Allows U.S. citizens and permanent residents to sponsor:
  • Spouses
  • Children
  • Parents
  • Siblings (U.S. citizens only)

K Visas (Fiancé Visas):

• Allow foreign fiancés of U.S. citizens to come to the U.S. for marriage.
• Must marry within 90 days of entry to apply for adjustment of status.

Employment-Based Visas

• Allow foreign nationals to work in the U.S. temporarily or permanently based on employer sponsorship.
• Examples include:
  • H-1B (skilled workers)
  • H-2A (agricultural labor)
  • H-2B (seasonal non-agricultural work)
  • O visas (extraordinary ability)
  • PERM-based green cards (permanent work sponsorship)

Humanitarian Parole

• Temporary permission to enter the U.S. for urgent humanitarian reasons or significant public benefit.
• Commonly used for:
  • Medical emergencies
  • Reunification with family during crises
  • People who cannot otherwise obtain a visa

Note: Parole is discretionary, and does not lead to lawful permanent residency.

Cancellation of Removal

For Non-Permanent Residents:

• Must show:
  • At least 10 years of continuous presence in the U.S.
  • Good moral character
  • That removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child.

For Permanent Residents:

• Must show:
  • At least 7 years of residence after admission
  • No aggravated felony conviction
  • Positive equities outweigh any criminal or immigration violations

Granted by an immigration judge and leads to lawful permanent resident (green card) status.

How to Apply for Asylum

Basic Steps:

1. Arrive in the U.S. — at a port of entry or after entry.
2. File Form I-589 (Application for Asylum and for Withholding of Removal) within 1 year of arrival.
3. Include evidence showing persecution based on protected grounds (race, religion, nationality, political opinion, or membership in a particular social group).
4. Attend a biometrics appointment (fingerprinting).
5. Interview with an asylum officer (affirmative cases) or appear in immigration court (defensive cases).

Note: No application fee. Asylum seekers may apply for a work permit (EAD) after 150 days.

How to Apply for a Green Card

Common Pathways:

• Through family: File Form I-130 → Form I-485 (if eligible to adjust status in U.S.).
• Through employment: Employer files Form I-140 → Form I-485.
• Through asylum/refugee status: Apply 1 year after asylum approval.
• Through special programs: (VAWA, U visa, SIJS, etc.).

Basic Requirements:

• Must be admissible to the U.S. (no serious immigration or criminal violations).
• May need a medical exam, biometrics, and interview.
• Some categories have long wait times due to visa caps.

Fees: Vary by category; some programs may waive fees.

What Happens in Removal Proceedings

Key Steps:

1. Receive a Notice to Appear (NTA) from ICE.
2. Attend a Master Calendar Hearing — brief initial appearance to state your case and find legal help.
3. File applications for relief (e.g., asylum, cancellation of removal).
4. Attend one or more individual (merits) hearings to present your case.
5. Immigration judge will issue a decision — approval, denial, or order of removal.

Important:

• You have the right to an attorney, but not at government expense.
• Missing court dates can result in automatic deportation.

Work Permit (EAD) Eligibility and Application

Who Can Apply:

• Asylum seekers (after 150 days from filing)
• DACA recipients
• TPS holders
• U and T visa applicants
• VAWA self-petitioners
• People with pending green card applications (Form I-485)

Application Process:

• File Form I-765 with required documents and fee (or fee waiver).
• Wait times vary (average: 3–6 months).
• EAD is typically valid for 1 to 2 years, depending on status.

Naturalization and Citizenship Process

Eligibility (for most applicants):

• Be a lawful permanent resident (green card holder) for:
  • 5 years (or 3 years if married to a U.S. citizen)
• Be at least 18 years old
• Show good moral character
• Pass English and civics tests
• File Form N-400 and complete a biometrics appointment

Steps:

1. Submit Form N-400
2. Attend interview and take English & civics test
3. Receive decision: granted, continued, or denied
4. If approved, attend naturalization oath ceremony

How to Read Immigration Paperwork

Common Terms and Documents:

• A-Number (Alien Registration Number): Unique ID for non-citizens (starts with “A”).
• Receipt Number: Tracks case status (e.g., LIN1234567890).
• Form I-797: Notice of action — confirms receipt, approval, denial, or appointment.
• NTA (Notice to Appear): Starts removal proceedings.
• EAD (Employment Authorization Document): Work permit.

Tips:

• Always keep copies of everything.
• Look for case status updates using the receipt number.

How to Check Your Immigration Case Status

USCIS Cases:

• Visit https://egov.uscis.gov/casestatus
• Enter your receipt number (from Form I-797)

EOIR (Immigration Court) Cases:

• Call 1-800-898-7180 (automated system)
• Or check online at https://acis.eoir.justice.gov
• Use your A-number

ICE Custody (if detained):

• Check https://locator.ice.gov
• Search by A-number or full name and birthdate

Detention Facilities and Rights Inside Them

Key Facts:

• Immigration detention centers are operated by ICE or contracted private companies.
• Detainees do not have the same rights as criminal defendants, but still:
  • Have the right to legal representation (not government-paid)
  • Can communicate with family, attorneys, and consulates
  • Can request medical care and interpretation

Rights Inside Detention:

• Detainees can file grievances for abuse, unsafe conditions, or violations.
• Detained individuals may request a bond hearing or other relief to be released.

Facility Locator:
ICE Facility Locator

How to Locate a Detained Loved One

Online Tool:

• Use the ICE Detainee Locator: https://locator.ice.gov
• Search by:
  • A-number and country of birth, or
  • Full name, date of birth, and country of birth

Limitations:

• Recently detained individuals may not show up right away.
• Unaccompanied minors held by ORR (Office of Refugee Resettlement) are not listed in this system.

Support Tip: Contact local immigration attorneys or advocacy groups quickly to act on time-sensitive issues.

How Bonds Work / How to Request One

What Is an Immigration Bond?

• A bond is money paid to ICE or the court to release someone from detention while their case continues.

Who Qualifies?

• Not everyone is eligible — some people with certain crimes or prior deportation orders may be subject to mandatory detention.
• Others may request a bond hearing with an immigration judge.

Bond Hearing Tips:

• The person must prove they are not a danger or flight risk.
• Family and friends can attend the hearing and provide letters of support.
• If granted, bond can range from $1,500 to over $20,000.

Where to Pay Bond:

• At a designated ICE ERO Bond Acceptance Facility — call ahead to confirm.

How to Request a Stay of Removal

What Is a Stay of Removal?

• A request to pause or prevent deportation for a period of time.
• Can be filed if someone is facing imminent removal but has:
  • New evidence
  • Medical emergencies
  • Family hardship
  • Pending applications or appeals

Types:

• Automatic stays (in rare cases, like during appeals)
• Discretionary stays — must file Form I-246 with ICE

Note: Stays are temporary and do not provide legal status.

Voluntary Departure vs. Removal Order

Voluntary Departure:

• Person agrees to leave the U.S. on their own by a set date.
• Avoids a formal removal order and may reduce penalties for future immigration applications.
• May require a bond or passport arrangements.

Removal Order (Deportation):

• Issued by an immigration judge or automatically if someone misses court.
• Results in formal deportation, a ban from re-entry (often 5–10 years), and possible detention.
• Appeals can be filed, but deadlines are short.

Post-Deportation Options

Legal Possibilities After Deportation:

• Motion to Reopen: If there’s new evidence or an error in the previous case.
• I-212 Waiver: Permission to return before the reentry bar expires.
• Humanitarian parole or family petitions: May offer limited pathways back.

Support Services:

• Some organizations support reintegrating deported individuals in their home countries.
• Mental health and trauma support may be available through international networks.

Important Tip: It is very difficult—but sometimes possible—to return legally after deportation. An experienced immigration attorney is essential.

Mixed-Status Families: What to Know

Definition:
A mixed-status family includes both undocumented and documented members — for example, undocumented parents with U.S. citizen children.

Key Points:

• Children born in the U.S. are U.S. citizens, even if parents are undocumented.
• U.S. citizen children may qualify for benefits like Medicaid, SNAP, and WIC, even if parents do not.
• Mixed-status families should:
  • Create emergency family plans
  • Know who can pick up children if parents are detained
  • Get legal guidance before traveling or applying for status

Resources:

• Protecting Immigrant Families Toolkit

Help for Unaccompanied Minors

Definition:
Children under 18 who enter the U.S. without a parent or legal guardian are considered unaccompanied minors.

What Happens:

• Placed under the care of Office of Refugee Resettlement (ORR)
• Must be placed in the least restrictive setting possible (foster care, group homes, etc.)
• Have a right to a court hearing before deportation
• Eligible for forms of relief like asylum, SIJS, or U visas

Support Organizations:

• Kids in Need of Defense (KIND)
• Young Center for Immigrant Children’s Rights

Family Separation and Reunification

Separation Causes:

• Occurs at the border, in ICE raids, or when a parent is detained/deported.
• Can happen suddenly with no immediate notice to the family.

Reunification Efforts:

• Lawyers can file emergency motions or request stays of removal.
• Some nonprofits help with family tracing and reunification.

Family Planning Tips:

• Prepare a caregiver’s letter or power of attorney
• Maintain copies of birth certificates, A-numbers, and contact lists

Reunification Assistance:

• Together & Free
• Al Otro Lado

Public Charge Rule Explained

What Is It?

• A rule used to decide if someone might become dependent on the government for support.
• Affects certain green card applicants — not refugees, asylees, or many humanitarian applicants.

Current Guidelines (as of 2025):

• The use of public benefits like Medicaid, SNAP, or housing aid by children or family members does NOT count against an immigrant’s case.
• The rule focuses on whether an individual has used long-term institutional care or cash assistance like SSI or TANF.

Important:

• Receiving benefits for a U.S. citizen child does not make the parent a public charge.
• Always get legal advice before deciding to apply for or decline public benefits.

Parental Rights for Detained/Deported Parents

Key Rights:

• Parents do not lose custody of their children solely because of immigration detention or deportation.
• They have the right to:
  • Participate in family court proceedings
  • Designate caregivers or guardians
  • Be informed of child welfare decisions

Planning Tools:

• Power of Attorney
• Caregiver’s Affidavit
• Family Emergency Plan

Legal Support:

• Many legal aid groups offer family unity planning or represent detained parents in custody hearings.

Helpful Resource:

• Appleseed Network Guide: Protecting Parental Rights

Who Qualifies for SNAP, Medicaid, WIC, and Housing

Lawful Permanent Residents (Green Card Holders):

• May qualify for federal public benefits (SNAP, Medicaid, TANF, SSI) after a 5-year waiting period.
• Some may qualify sooner depending on age, disability, or work history.

Refugees, Asylees, and Other Humanitarian Statuses:

• Eligible for most federal benefits immediately upon approval.

Mixed-Status Families:

• U.S. citizen children can receive benefits even if parents are undocumented.
• Parents can apply on the child’s behalf without triggering immigration enforcement.

Undocumented Immigrants:

• Not eligible for most federal programs.
• Can still apply for:
  • WIC (nutrition for pregnant women and young children)
  • Emergency Medicaid
  • School meal programs
  • Local and state-funded services in some areas

Public Housing:

• Requires all recipients to have eligible immigration status, but mixed-status families can receive prorated assistance.

Impact of Using Benefits on Immigration Status

Public Charge Rule (Current Policy as of 2025):

• Applies to green card applicants through family or employment-based petitions.
• Benefits that do NOT count against you:
  • SNAP
  • Medicaid (except long-term institutional care)
  • WIC
  • Housing subsidies
  • Public school lunch
  • Benefits used by your children or family members

Who It Does Not Affect:

• DACA, TPS, asylum seekers, refugees, VAWA, U and T visa applicants, SIJS recipients

Bottom Line:
Using most benefits will NOT affect your immigration case, but it’s best to speak to a qualified immigration or benefits attorney if unsure.

Emergency Medicaid

Who Qualifies:

• Available to anyone who meets income requirements and experiences a medical emergency, regardless of immigration status.

What It Covers:

• Hospital visits and emergency care, including labor and delivery
• Does not cover regular doctor visits or prescriptions

Where to Apply:

• Through the state Medicaid agency or hospital social worker during the emergency visit.

No immigration questions are asked beyond basic identity and residence.

Education Access for Undocumented Youth

K–12 Education:

• Children cannot be denied access to public schools based on immigration status.
• Schools cannot require Social Security numbers or proof of citizenship.
• This right is guaranteed under the 1982 Plyler v. Doe Supreme Court ruling.

Higher Education:

• Undocumented students can attend public and private colleges.
• State rules vary on:
  • In-state tuition eligibility
  • Financial aid access
• Some states and institutions offer:
  • State financial aid programs
  • Scholarships for undocumented/DACA students
  • Tuition equity programs

Resources:

• TheDream.US
• Immigrants Rising

State ID and Driver’s License Laws by State

Overview:

• As of 2025, more than 20 states and D.C. allow undocumented immigrants to get driver’s licenses or state IDs, typically with:
  • Foreign passport or consular ID
  • Proof of residency
  • No need for a Social Security number

Arizona (Example):

• Undocumented immigrants cannot currently get a driver’s license without lawful presence.
• DACA recipients can get a license.

Why It Matters:

• IDs help with daily life: driving, opening bank accounts, identifying oneself to authorities, and proving age or residency.

State-specific guidance:

• National Immigration Law Center: State Driver’s License Laws