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Elevation Law LLC We are here to defend human rights, fight deportations, and win immigration cases. Immigration Lawyers and Advocates

*Important Update for Immigrants with Advance Parole — Talk to a Lawyer Before You Travel (sigue en español abajo):The B...
08/14/2026

*Important Update for Immigrants with Advance Parole — Talk to a Lawyer Before You Travel (sigue en español abajo):
The Board of Immigration Appeals issued a major decision, Matter of Delcarmen-Lara (Aug. 13, 2026), that changes the rules around traveling on advance parole. For over a decade, immigration lawyers relied on Matter of Arrabally and Yerrabelly (2012), which held that leaving the U.S. on advance parole did not count as a "departure" that could trigger inadmissibility for unlawful presence. That protection made advance parole travel a relatively safe option for many people with pending adjustment of status applications.

This new decision overrules that precedent. The Board now says a trip abroad on advance parole does count as a "departure" under INA § 212(a)(9)(B)(i)(II) — meaning it could trigger the 3-year or 10-year unlawful presence bar for people who accrued unlawful presence before their trip, and could make them inadmissible and ineligible to adjust status upon return.
The Board says this new rule applies prospectively (going forward), not to trips already taken.

If you have advance parole and are considering international travel, do NOT leave the country until you've spoken with an immigration attorney. Your individual situation (how much unlawful presence you've accrued, your circuit, your pending applications) matters enormously here.

(This post is for informational purposes only and is not legal advice specific to your case)
+++
Aviso importante para inmigrantes con permiso de viaje anticipado (advance parole) — Hable con un abogado antes de viajar. La Junta de Apelaciones de Inmigración (BIA) acaba de emitir una decisión importante, Matter of Delcarmen-Lara (13 de agosto de 2026), que cambia las reglas sobre viajar con permiso de viaje anticipado.

Durante más de una década, los abogados de inmigración se basaron en Matter of Arrabally and Yerrabelly (2012), que establecía que salir de EE. UU. con permiso de viaje anticipado no contaba como una "salida" que pudiera generar inadmisibilidad por presencia ilegal. Esa protección hacía que viajar con permiso de viaje anticipado fuera una opción relativamente segura para muchas personas con solicitudes de ajuste de estatus pendientes.

Esta nueva decisión anula ese precedente. La Junta ahora dice que un viaje al extranjero con permiso de viaje anticipado sí cuenta como una "salida" bajo la sección 212(a)(9)(B)(i)(II) del INA — lo que podría activar la prohibición de 3 o 10 años por presencia ilegal para quienes acumularon presencia ilegal antes de su viaje, y podría hacerlos inadmisibles e inelegibles para ajustar su estatus al regresar.

La Junta indica que esta nueva regla aplica de manera prospectiva (hacia adelante), no a viajes ya realizados.
Si usted tiene permiso de viaje anticipado y está considerando viajar internacionalmente, NO salga del país sin antes hablar con un abogado de inmigración. Su situación individual (cuánta presencia ilegal ha acumulado, su circuito judicial, sus solicitudes pendientes) es sumamente importante en este caso.

(Esta publicación es solo para fines informativos y no constituye asesoría legal para su caso especifico)

Cruel beyond belief
07/02/2026

Cruel beyond belief

BREAKING🚨 A 2-year-old named Kaleth stopped eating for 12 days inside an ICE family detention center in Texas. His mother watched his face grow gaunt and his eyes sink into their sockets.

Kaleth and his mom Joani had never missed a single immigration appointment since seeking asylum in 2024. In March, they showed up to a routine check-in in California. ICE took the whole family into custody. As they cried, Kaleth's father was handcuffed and driven to an adult facility. Joani and her toddler were shipped to the Dilley detention center in Texas.

Separated from his dad, Kaleth kept scooting a tiny table to a wall-mounted phone, climbing up to try to reach his father. Joani kept pulling the table away so he wouldn't fall. When she tried to make him eat, he vomited. He stopped having bowel movements. Doctors called it depression.

He is one of at least 500 babies and toddlers held in ICE custody since Trump retook office. On an average day, 25 children aged 3 or younger are now in immigration jails — ten times the number under Biden, when fewer than three were held and none were kept past the legal 20-day limit. Now at least 175 have been detained longer than that limit.

A 1-year-old named Amir spent four months locked up. There were barely any toys, so children played with rocks. His parents couldn't find books in their language. His speech slowed until he stopped saying anything but "mom" and "dad." His mother sucked spicy sauce off noodles so she could feed them to him, and hid cereal in her socks so he wouldn't sleep hungry. When the family complained, his father says staff in CoreCivic uniforms woke him in the night, threatening to send the parents to separate facilities and Amir to foster care.

ICE says detained families get proper food, water and medical care. CoreCivic says its facilities are safe for infants. A pediatrician who has spent her career on this called infancy "probably the most harmful time of their lives to have them in detention."

Kaleth started eating again only after he was released. Amir spoke two words in four months: mom and dad.

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STOP👇LOCKING👇UP 👶 CHILDREN
06/15/2026

STOP👇LOCKING👇UP 👶 CHILDREN

Rachel Accurso — Ms. Rachel, to her millions of online followers — made her first visit to Congress with handwritten letters and drawings by children whom have been, or remain, in ICE custody at the nation’s only family immigration detention center. https://wapo.st/4vCZx92

Do not turn away from the horror…https://www.facebook.com/share/p/1DTLgBd8Vn/?mibextid=wwXIfr
06/03/2026

Do not turn away from the horror…

https://www.facebook.com/share/p/1DTLgBd8Vn/?mibextid=wwXIfr

The funeral home in Atlanta could give them only one hour for Orlin's hastily arranged funeral last week. His mother, Wendy Hernandez Reyes, had landed from Honduras the night before, and when the doors opened she had to be held upright as she crossed the room to the small white coffin where the 3-year-old lay. Orlin had been dressed in a tan outfit and a matching cap, chosen to hide his injuries. A new teddy bear nestled beside him. An ankle monitor blinked red above her black shoes. She fell to her knees. "My God, why?" she cried. "Orlinsito, my son."

The Department of Homeland Security had done something it almost never does: it let a woman it had deported come back. Most people removed from the United States cannot return for years, if at all. But after a public outcry, ICE granted Hernandez three days -- later quietly extended -- to bury the child who ICE had handed over to the abuser who murdered him.

It began on an ordinary morning in January, on her way to work. Hernandez and her sister were riding to a construction job in Alabama when a Baldwin County sheriff's deputy stopped their car for an alleged traffic violation. Under a state law and a federal program called 287(g), which deputizes local police to act as immigration agents and has grown from roughly 135 agreements when President Biden left office to more than 1,800 today, the deputy checked the passengers' status and handed the two sisters to ICE.

Handcuffed on the side of the highway, Hernandez told the officers she was a single mother and begged them to release her -- or, if they would not, to deport her together with Orlin, her American-born son. They refused. On January 26, she was shackled and put on a plane to Honduras -- without her son, and, she says, without even the passport she would need to prove she was his mother and bring him to her. She was not alone on that flight. Other mothers were loaded on beside her, including one who had just given birth whose breasts were heavy with milk.

Orlin was 2. With his mother gone, he was left with the only relative who could take him that morning -- his aunt's estranged former partner, a man police say beat the children with a wire and saved the worst of it for Orlin. On March 4, the little boy, who had just turned 3, collapsed and was declared dead at a Pensacola hospital, the city where he had been born an American citizen. The medical examiner ruled it a homicide: multiple blunt force traumas. The man has been charged with murder and has pleaded not guilty.

A week after Orlin died, the acting director of ICE, Todd Lyons, put out a statement. It carried no condolences. It blamed his mother. Hernandez had "abandoned" her child, Lyons said -- she "chose to leave her son here with a violent murderer who took his life" -- and he took the occasion to encourage parents to self-deport with their children. He said this about a woman who had pleaded to take her son with her and been refused.

"How could I abandon my son, if my son was the love of my life?" Hernandez said. "I am not a bad mother who left my child with a killer."

Hernandez is 29, a survivor of domestic violence, with no criminal record. She does not resemble in any way the "worst of the worst" -- the killers and rapists and gang members -- the Trump administration insists it is removing from the country. As of April 4, of the 60,311 people held in ICE detention, 70.8% have no criminal conviction at all. According to ICE's own internal figures, leaked to the Cato Institute, just 5% of those in custody had a violent criminal conviction. As for the rest with records, most were convicted of traffic violations, immigration offenses, or other low-level crimes.

Arrests of people with no criminal record like Hernandez surged 2,450% in Trump's first year, according to the American Immigration Council -- driven by roving patrols, worksite raids, re-arrests of people who showed up to their own court hearings, and traffic stops by local police deputized to work with ICE.

Orlin and his mother's story is unbearable on its own. It is also not unique. Since President Trump began his second term, 146,635 American children -- U.S. citizens -- have had a parent detained by immigration authorities, according to the Brookings Institution. More than 22,000 had both parents taken. More than a third are under the age of six.

The federal government is not tracking what becomes of them. Of the children left with no parent at home, Brookings found that only about 5 percent received any services from the child welfare system at all. The rest are with relatives, with neighbors, with whoever happened to be nearby when their parents disappeared -- or, like Orlin, with someone no one thought to check on. Nothing in federal law requires ICE to follow up on the children left behind.

The parents being removed were, overwhelmingly, working and raising families and showing up to every appointment. Hernandez carried a deportation order from a hearing she missed in 2023; under the previous administration, a domestic violence survivor with a small child was not a priority for removal. Under this one, she was just a number to help hit Stephen Miller's quotas.

The damage this does to children is not a matter of opinion. The American Academy of Pediatrics, along with every major pediatric organization in the Western world, has condemned family separation as a cause of lasting harm to children's health and development. Among U.S.-born children studied after a parent's detention or deportation, 29 percent met the clinical threshold for PTSD. And the machinery is only being built larger: an estimated 4.6 million American children live with at least one parent at risk of deportation, and Congress has set aside $45 billion to expand detention.

Orlin's death has begun to force a reckoning, however small and late. Escambia County's Republican sheriff endorsed a visa application that would let Hernandez remain in the U.S. as the victim of a crime. Representatives Ro Khanna and Delia Ramirez have demanded a full accounting from DHS of how the case was handled. "A three-year-old American is dead, and his mother was deported as she begged to keep him at her side," Khanna wrote. Representative Pramila Jayapal says she will introduce "Orlin's law," to bar ICE from separating parents from their children. Even some of the Florida sheriffs who signed up to help with enforcement now say it should be aimed at serious criminals -- not at mothers on their way to work.

None of it brings Orlin back. At the funeral home, the single hour the family had been given ran short. Hernandez stood over the coffin and stroked her son's face. "I never wanted to leave you," she whispered. "I wanted to bring you with me." Her sister, whose own children are now in foster care, leaned close to the boy she had loved like her own. "Forgive me," she said. "I'm sorry I couldn't protect you."

The administration's answer to all of it was the same words it repeats endlessly in its press releases -- the same lie over and over again: "ICE does not separate families."

It had nothing to say about the three-year-old lying dead in a coffin last week.

At Orlin's funeral, Pastor Amilcar Morales said of the little boy who will never have a chance to grow up: "We don't know what talents and skills this little boy would have had. We don't know what impact he would have had on the world. But we know he was a baby, and that his life was sacred."

“We know that Orlin Josue Hernandez was marvelous."

----

--> To help support Wendy during this horrific time, there is a GoFundMe campaign at https://www.gofundme.com/f/justice-for-baby-orlin-and-wendy-justicia-para-orlin-y-wendy

--> To support a nonprofit that trains volunteers to advocate for immigrant children separated from their parents -- or to volunteer to become a child advocate yourself -- visit the Young Center for Immigrant Children's Rights at https://www.theyoungcenter.org

To read more about Orlin's death and funeral last week, visit https://wapo.st/4wZTblT

For a detailed Washington Post investigation into his mother's deportation and his subsequent murder, visit https://wapo.st/4vpz7HX

For more about the mass separation of US children from their immigrant parents, visit https://www.theguardian.com/us-news/2026/may/18/children-parents-detained-trump-mass-deportation-push

----

For children's books that encourage empathy and understanding of Mighty Girl immigrants of the past and present, visit our blog post, "A New Land, A New Life: 25 Mighty Girl Books About the Immigrant Experience" at https://www.amightygirl.com/blog?p=12855

For books for children and teens about the importance of standing up for truth, decency, and justice, even in dark times, visit our blog post, "Dissent Is Patriotic: 50 Books About Women Who Fought for Change," at https://www.amightygirl.com/blog?p=14364

For books for tweens and teens about girls living under real-life authoritarian regimes throughout history that will help them appreciate how precious democracy truly is, visit our blog post "The Fragility of Freedom: Mighty Girl Books About Life Under Authoritarianism" at https://www.amightygirl.com/blog?p=32426

To stay connected with A Mighty Girl, you can sign-up for A Mighty Girl's free email newsletter at https://www.amightygirl.com/forms/newsletter

😥 senseless
05/19/2026

😥 senseless

More than 100,000 children have been separated from their parents during the Trump administration’s immigration crackdown, a new analysis by the Brookings Institution suggests. Roughly three-quarters of those children are likely U.S. citizens. https://nyti.ms/4uWED4x

ProtectOur Children 🙏Schools need to be a safe space!
04/23/2026

Protect
Our
Children 🙏
Schools need to be a safe space!

For more than 40 years, a Supreme Court decision has guaranteed that every child in America, regardless of immigration status, can attend public K-12 school.

That ruling is Plyler v. Doe. In 1982, the Court held that denying education to undocumented children would create a permanent underclass, imposing lifelong harm on kids who had no say in how they got here.

Today, Plyler is being tested. Some state legislatures have introduced bills to collect enrollment data by immigration status or restrict school access outright. In March, a House Judiciary subcommittee held a hearing arguing the case was "wrongly decided."

The stakes are concrete. Research from FWD.us found that undocumented students who received a K-12 education pay $633 billion more in lifetime state and local taxes than their schooling costs. Reversing Plyler could cut GDP by more than $1 trillion and eliminate 450,000 future workers in jobs requiring a high school diploma.

Keeping kids in school is both the right thing to do and the smart thing to do.

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