Results
Date Published: 09/27/2022
On September 26, 2022, the Ninth Circuit en banc panel held that GEO group was likely to succeed in their lawsuit to find California's private prison and dertention ba (Bonta-AB 32 unconstitutional, and could continue seeking a preliminary injunction to block the law pending further proceedings at...
Date Published: 09/07/2022
This resource summarizes the ICE Parental Interests Directive – a critical tool to help child welfare agencies address challenges for detained or deported parents – and explains how to use the Directive to advocate with ICE. It also discusses the heightened need for advocacy during the COVID-19...
Date Published: 12/06/2022
Level: Intermediate This webinar is geared toward those who have some bond experience and would like to take a deeper dive into the law. In this webinar, we will focus on emerging topics following developments in prolonged detention caselaw. We will cover strategies for securing a bond hearing when...
Date Published: 06/28/2022
Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory...
Date Published: 01/10/2022
Detention & Bond: Defending Noncitizens in Immigration Custody will guide advocates through practical and technical considerations when representing detained noncitizen clients. This comprehensive guide provides a top to bottom overview of strategies when advocating for release throughout the...
Practice Advisory for Immigration Advocates: The Biden Administration’s Final Enforcement Priorities
Date Published: 05/04/2022
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and...
Date Published: 12/01/2021
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides criminal defense practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos,...
Date Published: 10/12/2021
A quick digest of the new DHS immigration enforcement priorities released in September 2021.
Date Published: 10/05/2021
AB 32 (People Not Profit) signed in 2019 and effective January 2020, outlaws criminal and civil private incarceration in California, with some exceptions. Some brief months after AB 32 was signed, private prison company GEO Group Inc. and the Trump administration sued California aiming to strike...
Date Published: 09/23/2021
There have been many recent developments regarding the litigation challenges to the Department of Homeland Security enforcement priorities. This brief guide provides a quick summary to help you keep up. In short, the Enforcement Priorities are currently still in effect, although a change could come...
Date Published: 12/15/2021
Level: Intermediate This webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.
Date Published: 10/14/2021
Level: Beginner This webinar will help advocates understand how the immigration detention and deportation system works for unaccompanied children (UCs), whether they migrated alone or with a parent or other family member and were later separated. It will help demystify the maze of immigration...
Date Published: 07/30/2021
This resource, written by Human Impact Partners in collaboration with the ILRC and others as part of the Dignity Not Detention Coalition, outlines recommendations for what healthy, just, and supportive immigration policy can look like for unaccompanied youth immigrating to the US, without relying...
Date Published: 06/21/2021
ICE enforcement priorities have changed under the Biden administration , signaling a return to the use of prosecutorial discretion. On May 27, 2021, the ICE Principal Legal Advisor issued guidance for OPLA attorneys about how and when to exercise prosecutorial discretion during various stages of...
Date Published: 03/24/2021
This practice advisory from the ILRC, NIPNLG, and IDP advises criminal defense attorneys on new immigration enforcement policies and how to use the new guidance to defend clients in criminal proceedings.
Date Published: 03/23/2021
ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement...
Date Published: 02/19/2021
This resource briefly reviews the February 18, 2021 interim ICE Memo issued by Acting Director Tae Johnson regarding how ICE will carry out DHS enforcement priorities. The new ICE guidance, effective immediately, will remain in effect until DHS Secretary Alejandro Mayorkas issues new DHS...
Date Published: 11/10/2020
This resource includes an update regarding the ongoing Gonzalez v. ICE federal litigation. On September 11, 2020, the Ninth Circuit issued a decision which includes some important changes to the February 2020 Central District of California federal court order. We have included an update on the...
Date Published: 11/05/2020
On October 30, 2020, ILRC filed a comment opposing an EOIR proposed rule that would have a substantial negative impact on legal orientation programs operated by non-profit immigration legal services programs. Much of the impact will be from the way the regulation redefines key terms: First, by...
Date Published: 06/18/2020
At this critical time when hundreds of thousands of people are taking to the streets to affirm that Black Lives Matter, the right to join in any type of protest is critical to a functioning democracy. Whether you are calling out institutional racism, police brutality, or ICE, this webinar will...
Date Published: 10/13/2020
California is in the midst of an historic reform of its youth prisons, known as the Division of Juvenile Justice (DJJ). Failed DJJ facilities will close, creating an opportunity for youth to be cared for close to home through community-based programs and services. This short resource describes...
Date Published: 10/09/2020
AB 32, codified at Cal. Pen. Code §§ 5003.1, 9500 et. seq., was authored by Assembly member Bonta and passed in partnership with the California Dignity Not Detention Coalition. AB 32 stops the use of for-profit prisons by the California Department of Corrections and Rehabilitation. The las also...
Date Published: 10/09/2020
SB 29, the Dignity Not Detention Act, codified at Cal. Civ. Code § 1670.9, was authored by Senator Lara, co-sponsored by the ILRC and Freedom for Immigrants, and passed in partnership with the California Dignity not Detention Coalition. Among other things, SB 29 was passed to ensure that the...
Date Published: 09/30/2020
On September 25, ILRC submitted comments in opposition to EOIR's proposed rule regarding court procedures. The proposed rule is an unlawful attempt to curb Immigration Judges’ authority, limit case review, and drastically restrict due process for immigrants. The rule undermines the appellate...
Date Published: 09/18/2020
Date Published: 09/08/2020
California is in the midst of an historic reform of its Division of Juvenile Justice (DJJ). Under current plans, failed DJJ facilities will close, creating an opportunity for youth to be cared for close to home through community-based programs and services. But if DJJ closes, it must close justly...
Date Published: 08/24/2020
On July 30, 2020, Attorney General Barr issued Matter of Reyes , 28 I&N Dec. 52 (A.G. 2020), a case involving a longtime lawful permanent resident with a single conviction for violating a larceny statute that criminalizes both theft and fraud, and is indivisible as between these means of...
Date Published: 08/13/2020
In October 2019, Attorney General Barr issued Matter of Thomas & Matter of Thompson , altering the standard for when immigration law will recognize a criminal sentencing modification. Since then, government attorneys from ICE and adjudicators from DHS and DOJ have misused and exploited the...
Date Published: 06/30/2020
The ILRC teamed up with community-based organizations Faith in the Valley and the Inland Coalition for Immigrant Justice, to file an amicus brief in support of California’s defense of SB 29 in GEO v. CA . SB 29, codified at Cal. Civ. Code § 1670.9 and co-sponsored by the ILRC and Freedom for...
Date Published: 06/29/2020
This Practice Advisory is a detailed follow-up to our prior Practice Alert on the Supreme Court's April 23, 2020 decision in Barton v. Barr , 140 S. Ct. 1442 (2020). In Barton , the Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) triggers the "stop-...