Results
Date Published: 05/05/2022
So, you’re organizing a local town hall or candidate forum about DA and immigration; great! ILRC has developed a number of resources that can be helpful.
Date Published: 08/16/2021
Harris County, home to approximately 1.2 million immigrants, is one of the largest and most diverse counties in the United States. Unfortunately, it also operates an expansive jail system and is an epicenter of immigration enforcement. This report looks at criminal case outcomes before Harris...
Date Published: 06/03/2021
Immigration law has its own definition of what constitutes a criminal conviction. The Board of Immigration Appeals (BIA) and other courts have held that certain types of pretrial diversion and intervention agreements that result in dismissal under state law can still constitute a conviction 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-...
Date Published: 05/05/2020
COVID-19 has made one thing clear; when law enforcement cooperates with ICE this has dire public health implications. There have been renewed and urgent efforts to stop this cooperation, including a recently filed lawsuit California Attorneys for Criminal Justice, et al. v. Gavin Newsom, California...
Date Published: 04/14/2020
As more and more jurisdictions are contemplating releasing people from jails and prisons, it is critical that we consider ways to ensure that people released are not immediately transferred to the harmful deportation system. ILRC, together with our allies, Asian Prisoners Support Committee, Asian...
Date Published: 04/09/2020
Over the years, various courts throughout the country have agreed that prolonging custody of a person solely based on an ICE detainer request is unlawful for numerous reasons. This practice advisory provides a summary of the court decisions related to ICE detainers and the arguments to challenge...
Date Published: 12/16/2019
California law requires prosecutors to consider immigration consequences when plea bargaining. Cal. Pen. C. 1016.3(b). This memo describes the unique duties prosecutors have when charging and negotiating DUI-related cases with DACA recipients.
Date Published: 08/18/2019
M oving Texas Forward: Local Policies Towards Inclusive Justice was created for the many organizations and elected officials in Texas that are struggling to find solutions to disrupt the harmful arrest-to-deportation pipeline. Texas has helped deport more people than any other state. In fiscal year...
Date Published: 05/29/2019
Diversion refers to a variety of programs that seek to avoid the processing of a defendant through the traditional criminal legal system. The goal of diversion is to direct an individual who has been accused of a crime into a treatment or care program as an alternative to imprisonment and/or...
Date Published: 01/30/2019
Over the past four years, working with partner organizations throughout California and nationally, the ILRC has helped advocate and pass a series of reforms at the local and state levels that advance the rights of both citizens and noncitizens and connect the dots between the criminal and immigrant...
Date Published: 09/19/2018
This article is an updated guide to selected California offenses that discusses precedent decisions and other information showing that the offenses avoid at least some adverse immigration consequences.
Date Published: 01/26/2018
This is a summary of the California Criminal and Immigration Laws Passed over the last several years to mitigate the impact of deportations, immigration enforcement, and immigration detention.
Date Published: 01/02/2018
As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction...
Date Published: 08/08/2017
Prepared by Angie Junck and Raha Jorjani, this primer is designed to educate District Attorneys interested in learning more about the immigration impact of criminal convictions.
Date Published: 08/08/2017
Heidi Altman and Angie Junck authored this article for the Association of Prosecuting Attorneys. Originally published in Lex Quod Ordo , the Association of Prosecuting Attorneys Quarterly Newsletter, Winter/Spring 2014, Volume IV, Issue IV. http://www.apainc.org/
Date Published: 05/14/2012
Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky .