2022 Summary Report

Litigation

Co-counsel: Central American Resource Center (CARECEN) (Los Angeles and Washington DC), Legal Services for Children, La Raza Centro Legal, Inc., and the Coalition for Humane Immigrant Rights (CHIRLA)
CHRCL challenged long delays in USCIS processing of Special Immigrant Juvenile petitions, which are required by law to be processed within six months; CHRCL specifically challenged the “stop-start rule,” which allowed USCIS to restart the clock with every request for more evidence.
In October 2022, the court dismissed CHRCL’s equal protection claim but preserved the claims that USCIS is violating the six month requirement and that the “stop-start rule” violated the APA.

Co-counsel: National Center for Youth Law, the U.C. Davis Legal Clinic, and Cooley, LLP
CHRCL sued on behalf of children in the custody of the Office of Refugee Resettlement who were not released because they were “stepped up” to psychiatric or detention facilities or because the government determined their guardians were unfit to take custody. CHRCL won an injunction requiring that the government increase due process protections and quickly process applications from family members to take their child home. The lawsuit continues to work towards more protections for youth with disabilities in ORR custody.

In 1997 CHRCL reached a historic settlement with the government in the Flores case setting the national standards for the conditions in which accompanied and unaccompanied minors would be detained and establishing their right to be promptly released to relatives living in the U.S.
CHRCL’s monitoring of DHS facilities revealed that several facilities in Texas were violating the terms of this agreement.
CHRCL achieved a settlement that requires DHS to promptly release children to their relatives, even if they are not their biological parents, and to improve conditions in custody.

In 2020, CHRCL and 20 partner organizations submitting a FOIA request for documents related to policies and practices relating to the adjudication of and delays in processing of parole and credible fear determinations for immigrant minors and their parents in ICE custody. When the government did not respond, CHRCL sued.
In 2022, pursuant to our litigation, DHS turned over thousands of documents. The case remains open.

Projects

Whistleblower Project

CHRCL is campaigning for more robust protections for undocumented, guest workers, and other vulnerable immigrant workers. We are advocating for expansion of the DHS grant of immigration relief, including deferred action status (DAS), work permits (employment authorization documents or EADs), and parole to workers engaged in labor disputes, including those who report labor law violations or cooperate in the investigation or prosecution of such laws. Protections for Haitians

Protections for Haitians

CHRCL is advocating for deferred enforced departure for all Haitians, the permanent end of interdiction, fair and equal access to the asylum process for all immigrants, and other protections for Haitians in light of the terrible humanitarian crisis in Haiti.

Advance Parole

CHRCL is advocating for deferred enforced departure for all Haitians, the permanent end of interdiction, fair and equal access to the asylum process for all immigrants, and other protections for Haitians in light of the terrible humanitarian crisis in Haiti.

Trainings, Advisories, and Support

Trainings

In 2022, CHRCL provided thirteen webinars on topics ranging from class action litigation to undocumented workers’ rights. The webinars had attendance of over five-hundred advocates and lawyers.

Advisories

In 2022, CHRCL published six practice advisories and drafted four additional advisories which will be available in early 2023.

Your generosity will allow us to help more in need