This post contains links shared and resources referenced during the April 29, 2026 Legal Working Group call. Consider joining our calls to benefit from the live discussion and context within which these resources were shared.
Resources shared & referenced
- Signature issues
- USCIS Policy Manual, 1, Part B, Ch. 2 (Signatures)
- ASISTA Practice Alert: USCIS Wet Ink Signature RFEs & NOIDs (April 2025)
- CAST T Visa AAO Decision Airtable – invalid signature decisions
- Receipt delays
- AILA May 2025 VAWA/U/T Receipt Delay Practice Alert
- AILA April 2026 VAWA/U/T Receipt Delay Practice Alert, AILA Doc. 25050703
- AILA Receipt Delay call for examples (any application type), AILA Doc. 26040901
- USCIS troubleshooting
- USCIS Feedback
- [email protected]
- AILA Practice Alert, Providing Feedback to USCIS, AILA Doc. 23080701
- ASISTA, Requesting Congressional Liaison Assistance (2020)
- USCIS Feedback
- Expedite requests
- USCIS, Expedite Requests
- USCIS Policy Manual, Vol. 1, Part A, Ch. 5 (Expedite Requests)
- CAST stakeholder engagement notes where expedites were discussed
- Resources related to removal defense & enforcement actions against survivors
- NIPNLG Practice Alert, EOIR Final Rule on Administrative Closure and Termination (2024)
- ASISTA Practice Alert, New DOJ Rule: Administrative Closure and Termination in Removal Proceedings for Immigrants Seeking Survivor-Based Relief (2024)
- ASISTA Practice Alert, What Just Happened in Matter of Ibarra Vega? (2026)
- AIS, ASISTA, AILA Practice Alert on Interim ICE Guidance (2025)
- ICWC v. Noem
- NIPNLG, A Guide to Obtaining Release from Immigration Detention (2024)
- NILC, How to Find a Loved One After a U.S. Immigration Arrest (2024)
- AILA
- Notes and Practice Pointers From Meeting with ICE Regarding Crime Victim Policies, AILA Doc. 25050500
- Featured Issue: Representing Clients Before ICE, AILA Doc. 25010904
- Practice Pointer, Escalating Issues with ICE ERO & OPLA, AILA Doc. 25022603
- Trafficking-specific cites relevant to removal, detention, & enforcement against trafficking survivors
- Trafficking survivor ineligible for T if outside the U.S.: If a T-1 applicant is removed, they will effectively be prevented from accessing T visa relief because of the physical presence requirement. See 8 CFR § 214.207; 3 USCIS-PM B.2(C).
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Jurisdiction:
- 8 CFR § 214.204(a): “USCIS has sole jurisdiction over all applications for T nonimmigrant status.”
- 8 CFR § 245.23(d) & 89 FR 34864, 34867: USCIS has sole jurisdiction over applications for T adjustment.
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Stays of removal:
- If a T bona fide determination (BFD) has been granted, the client cannot be removed because a stay of removal is in effect as per 8 CFR § 214.205(c).
- INA § 237(d): DHS may grant an administrative stay of removal for a prima facie approvable T visa application until the application is approved or until after the exhaustion of administrative appeals following a denial.
- Policy against referral for removal: "USCIS generally will not refer an applicant for T nonimmigrant status for removal proceedings while the application is pending or following denial of the application, absent serious aggravating circumstances, such as the existence of an egregious criminal history, a threat to national security, or where the applicant is complicit in committing an act of trafficking." 8 CFR § 214.204(b)(3).
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Prosecutorial discretion:
- 8 CFR § 214.214(b): “ICE will maintain a policy regarding the exercise of discretion toward all applicants for T nonimmigrant status and T nonimmigrants.” (emphasis added).
- 8 CFR § 214.204(o)(2): “ICE may agree, as a matter of discretion, to join such motion to overcome any applicable time and numerical limitations of 8 CFR 1003.2 and 23.”
- Deconfliction with law enforcement agencies: Per ICE’s interim guidance (which replaced the rescinded Victim-Centered Directive), ICE should deconflict with local, state, and federal law enforcement so as not to impede an investigation or prosecution.
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Detention:
- 22 USC § 7105(c)(1): trafficking victims “shall not be detained in facilities inappropriate to their status as crime victims” and “shall receive necessary medical care” while in federal custody.
- 22 USC § 7101(b)(19): trafficking victims “should not be inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts committed as a direct result of being trafficked. . .”.
- 28 CFR § 1100.31(b): “To the extent practicable and allowed by law, alternatives to formal detention of victims of severe forms of trafficking in persons should be considered in every case.” (emphasis added).
Example collections
- AILA Call for Examples: USCIS RFEs, NOIDs, NOIRs, and denials involving USCIS' Adjudication of Discretionary Benefits
- AILA Call for Examples: Delay in Receipt Notices (any application type), AILA Doc. 26040901
Upcoming trainings, panels, & conferences
- Immigrant Legal Resource Center Immigration Briefings: Jan to June 2026.
- Free BARBRI Habeas Training: May 8, 2026
Important Legal Working Group updates - starting February 4, 2026!
We're restructuring our Legal Working Group calls to enhance our technical assistance and ensure everyone gets the most out of these sessions.
New monthly call structure:
- 1st Wednesday: Trafficking analysis questions only
- 3rd Wednesday: Trauma-informed/non-legal topics only
- All other calls: General legal questions
Requirements to submit a trafficking analysis question for a 1st Wednesday call:
- You must have completed Human Trafficking Defined (including passing the quiz) OR an EMP Analysis Workshop. This ensures everyone has the foundational framework for us to effectively walk through the analysis. Any legal practitioner is welcome to attend and listen to the analysis during a 1st Wednesday call, however!
- If you've completed an EMP worksheet for the case, we'll prioritize your question when we receive multiple submissions.
Stay connected!