Results
Date Published: 09/27/2022
California has strict confidentiality laws that govern when and to whom records from dependency and youth justice (delinquency) proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile...
Date Published: 08/22/2022
A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique among immigration law manuals because it provides a...
Date Published: 10/12/2022
Level: All This webinar will provide immigration practitioners with an overview of the current prosecutorial discretion landscape, including the status of litigation challenging DHS’s enforcement priorities. We will discuss how that litigation affects DHS’s exercise of discretion and strategies to...
Date Published: 07/14/2022
In 2016, California enacted California Penal Code § 1473.7, a post-conviction relief vehicle allowing people no longer in criminal custody to vacate legally defective convictions. Ever since, the ILRC has supported advocates to implement this law, including helping to defend the vacaturs from DHS...
Date Published: 07/12/2022
Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-...
Date Published: 06/29/2022
Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a...
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: 06/27/2022
This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-...
Date Published: 06/23/2022
This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in...
Date Published: 07/25/2022
On April 3, 2022, ICE Principal Legal Advisor Kerry Doyle issued guidance to all OPLA attorneys on how and when to exercise prosecutorial discretion in removal proceedings under DHS’s enforcement priorities. That guidance took effect on April 25, 2022 and replaces the previous OPLA guidance issued...
Date Published: 03/29/2022
This advisory gives an overview of the SIJS-based adjustment of status process. It will give step-by-step guidance for both the affirmative process, for young people who are not in removal proceedings, and for the defensive process, for young people who are in removal proceedings before the...
Date Published: 02/11/2022
This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection...
Date Published: 01/24/2022
What are ICE detainers, how do they affect a criminal case, and how can counsel get rid of them? This advisory walks through all the legal and practices issues around ICE detainers, including the role of ICE in issuing them and the role of local or state jailors in responding. We discuss the...
Date Published: 05/17/2022
Level: All Despite the constraints of the INA, DHS has considerable discretion to limit or redirect its enforcement and removal efforts. Last fall, DHS issued new policies to guide the use of this discretion. This webinar will review the current DHS enforcement policies and how to apply them;...
Date Published: 04/28/2022
Level: All This webinar will provide an introduction to the legal requirements and bases for motions to reopen in front of the immigration judge or the BIA. We will discuss filing motions to reopen in absentia orders, motions based on asylum eligibility and motions based on ineffective assistance...
Date Published: 04/12/2022
Level: Beginner This webinar is geared to those new to bond practice and provides an introductory review of representing clients in bond proceedings. We will discuss how to find your client in immigration detention, a review of legal eligibility for bond, tips in preparing a bond request and...
Date Published: 04/06/2022
Level: All New countries have been designated for TPS under the Biden administration and many current TPS designations are being reauthorized. This webinar will provide an introduction to completing an initial TPS application for those new to TPS or those looking for a refresher. The webinar will...
Date Published: 03/15/2022
Level: Intermediate / Advanced Some immigration penalties are based on the length of a criminal sentence, whether that is an imposed sentence, time actually served, or a potential sentence. In recent years there has been extensive litigation and also state legislation to address issues caused by...
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...
Date Published: 12/17/2021
This practice advisory provides an overview of TPS and focuses on a framework for analysis for the firm resettlement bar to eligibility. It also discusses the impact of dual nationality on TPS applicants.
Date Published: 12/14/2021
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (2018).
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: 10/05/2021
With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes...
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: 09/07/2021
Inadmissibility & Deportability is a practical and easy-to-use manual for beginning immigration attorneys, paralegals, nonprofit community-based organizations, and other advocates on the grounds of inadmissibility, deportability, and waivers. Written in plain English and filled with explanatory...
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: 12/07/2021
Level: Intermediate This webinar will cover the requirements for obtaining non-LPR cancellation of removal, focusing on how to meet the exceptional and extremely unusual hardship standard. Using examples, this webinar will discuss common types of hardship presented in non-LPR cancellation cases and...
Date Published: 12/02/2021
Level: Intermediate / Advanced The field of post-conviction relief is constantly changing. Tune in to hear about newly enacted state laws, new case developments, and new advice for immigrant post-conviction relief practitioners. This webinar will be geared to people who already have some exposure...
Date Published: 11/11/2021
Level: Intermediate This webinar will explore some of the most common non-crime grounds of inadmissibility. We will review when inadmissibility matters, common pitfalls and the legal elements of important inadmissibility grounds, such as willful misrepresentation, false claims to citizenship,...