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Legal Updates
Updated: Feb 12, 2025, 4:19 p.m.

Immigration law is constantly changing, and navigating the justice system can be challenging, especially for the undocumented community. Here at Undocumented Student Services, we understand that our students face serious challenges and need legal assistance. You do not have to face these obstacles alone. We encourage you to meet with our staff to assist you with legal counseling and general guidance in these unprecedented times.  

We hear you. We see you. We are here to support you.

Below you will find a variety of resources that can guide you in obtaining legal information from sources you can trust.

Recent Updates

Federal Judges Block Trump's Executive Order on Birthright Citizenship
U.S. District Judge Deborah Boardman has joined her colleague, District Judge John Coughenour, in blocking President Trump’s order to end birthright citizenship, ruling it unconstitutional under the 14th Amendment. While the White House is expected to appeal the decision, the case is likely to reach the U.S. Supreme Court. Judge Boardman noted that no court has sided with the administration on this issue thus far. Judge Joseph N. Laplante, who was nominated by Republican President George W. Bush has also ruled against the executive order. Heavy resistance to ending birthright citizenship is expected to continue, and its current legal status remains unchanged while litigation continues. Read more here. 

DACA Update – January 17, 2025
The Fifth Circuit Court of Appeals has issued a decision regarding DACA. UC Immigrant Legal Services Center (UCIMM) confirms that the ruling allows existing DACA recipients to continue renewing their status. We will continue to share updates and information via this newsletter and social media as it becomes available. Stay informed through UCIMM's Instagram page.

Questions & Concerns from our Students
In Fall 2024, the USS coordinated a social media campaign asking students to share their questions and concerns following the post-elections outcomes. We thank everyone who participated, and for your submission of thoughtful and important questions. To address some of these concerns, we compiled them in a document in hopes of providing some guidance and reliable resources during this uncertain time. 

Know Your Rights if Approached by Immigration Enforcement Agents Cards
The University of California Office of the President strongly encourages undocumented students, staff or faculty, to carry a "Know Your Rights if Approached by Immigration Enforcement Agents" card in their wallet, purse, or other accessible locations. This card, provided by the UC Immigrant Legal Services Center, outlines essential rights if approached by immigration enforcement agents.

Having this card readily available can ensure that individuals are prepared and informed in the event of an encounter with immigration authorities. The card serves as a critical resource to help navigate such situations while safeguarding personal rights.

For more details, you can access the full guide on the UC Office of the President website: Know Your Rights if Approached by Immigration Enforcement Agents

We encourage students to visit our space on the 5th floor of the Student Services Building (Room 555) to pick up Know Your Rights cards. Additionally, departments are encouraged to print their own Red Cards by IRLC, as they are free and available in multiple languages.

Emergency Assistance for ICE-related Issues
If you are a UC San Diego student and need urgent legal assistance, contact our in-house immigration attorney at (530) 219-8856. Please reserve this number for emergencies only, such as if you are being detained by ICE or are at risk of deportation. For non-urgent immigration concerns, please schedule an appointment with our immigration team here. 

Informative Videos by Undocumented Student Services Legal Team

Removal Proceedings Workshop - January 30, 2025

Removal Proceedings Workshop (Spanish Version)

 

Know Your Rights Post Election Workshop - December 5, 2024

Know Your Rights Presentation (Spanish Version)
 

More Information Below:

For the most up to date information on the UC System, undocumented students, and DACA, please visit this site: https://ucimm.law.ucdavis.edu/legal-resources-faq

Know Your Rights Resources

We Have Rights - An Immigrant Empowerment Campaign

In 2018, Brooklyn Defender Services along with the ACLU and other partners launched We Have Rights, a series of animated films narrated in English, Spanish, Arabic, Mandarin, Russian, Haitian Creole, Urdu, and French to help immigrants know what to do when confronted by ICE in the most common situations. 

From U.S. Citizenship and Immigration Services (USCIS)

From the Immigrant Legal Resource Center

From the Immigration Court

From the CA State Bar

From Immigrant Legal Resource Center (ILRC)

From Immigrants Rising

From the National Immigration Law Center (NILC)

Employment-Based Immigration Visa Information (H-1B)

The H-1B visa is a temporary nonimmigrant visa that allows non-U.S. citizens to work in the United States in specialty occupations. It is important to note that the H-1B visa allows a recipient to temporarily work in the United States for up to 6 years; recipients will need to re-enter the visa lottery after its expiration or apply for lawful permanent residence, both with the help of an employer.

The H-1B visa is available for professional-level jobs that require at least a bachelor’s degree or higher in a particular field. It is important that the type of degree and job match. For example, those with a bachelor’s degree in computer science should seek jobs in the field of computer science.

Employer cooperation is necessary in obtaining this visa as they are responsible for submitting various filings to the Department of Labor and USCIS on behalf of the employee. The employer is legally responsible for covering all legal and filing fees, with no charge to the employee. Approval from both the DOL and USCIS will then require the employee to return to their country of origin to apply for a passport visa to return with valid H-1B status.

It is important to note that there is an annual limit to the number of H-1B visas that can be granted. Since there are more H-1B applicants than visas available, the selection process for who receives one is based on a random lottery. However, those who are applying for H-1B status via a university/college or governmental or nonprofit research organizations are exempt from having to enter the lottery.

If you believe you or anyone in your immediate family qualify and/or would like to learn more about H-1B, please book an appointment with our legal team!

 

Resources:

  • How To Approach Your Employer For Visa Sponsorship - This resource provides guidance for DACA recipients and other undocumented Dreamers on navigating discussions with employers regarding work visa sponsorship. The Informed Immigrant team previously shared this resource, which is also available on the Informed Immigrant website in English and Spanish. 
  • Understanding H-1B “Specialty Occupations” - This high-level explainer provides an overview of H-1B “specialty occupations” and outlines eligibility criteria, including degree relevance, potential equivalencies, and the importance of consulting an immigration attorney for guidance. 
  • A Brief Overview of H-1B “Cap-Exempt” Employers - This high-level explainer explains the categories of H-1B cap-exempt employers, who are not subject to the annual cap on H-1B visas. It links to a more detailed Path2Papers resource on cap-exempt employers. 

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All programs and initiatives coordinated by the Division of Student Affairs and Campus Life and its units are designed and implemented in full compliance with Proposition 209 and the University of California Anti-Discrimination Policy.

More information about Proposition 209 can be found here.

More information about the University of California Anti-Discrimination Policy can be found here.

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Select an appointment type that best meets your needs. This appointment system is only for enrolled students, including incoming students. Non-enrolled prospective students, UCSD staff, and community members must email undoc@ucsd.edu for assistance.

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