Webinar
Date and Time: 03/28/2023 11:00am to 12:30pm PDT
Recorded Date: 03/28/2023
Place: Online
Registration Deadline: Tuesday, March 28, 2023 - 11:00am
MCLE: 1.5 CA & TX
Recorded Date: 03/28/2023
Place: Online
Registration Deadline: Tuesday, March 28, 2023 - 11:00am
MCLE: 1.5 CA & TX
Webinar
In this webinar, we will discuss how asylum seekers, including recent entrants, can seek release from immigration custody via bond and parole. We will review eligibility for bond and parole for arriving aliens, and the implications of Matter of M-S-, 27 I&N 509 (AG 2019) on asylum seekers. We will also discuss who may seek bond before the immigration judge and strategies for the bond hearing. This webinar will leave advocates armed with tips and best practices when representing asylum seekers requesting release from detention.
Webinar
Since the Supreme Court’s decision in Pereira v. Sessions in 2018, there has been a long line of caselaw about whether a Notice to Appear (NTA) missing the time, date or location of proceedings strips the immigration court of jurisdiction to hear a case, triggers the stop-time rule in various contexts, or is sufficient for the issuance of an in absentia removal order. In this webinar, we will discuss how to challenge a NTA that is missing the time, date, or location of proceedings, and we will review the latest caselaw on this topic, including Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022). We will also discuss best practices for preserving arguments for appeal, even when BIA or circuit court caselaw is not on our side.
Resources
Publication Date
05/03/2023
An immigrant legal defense fund pays legal service providers to represent community members facing deportation in immigration court. This resource provides a general overview of immigrant legal defense funds (ILDFs) at the municipal level in Texas, including why they are needed, the goals and components of a strong ILDF, and examples of these funds from across the state.
Resources
Publication Date
05/23/2023
The prison industrial complex is a highly adaptive mechanism that is constantly shifting to sustain itself. In recent years, the movement against mass incarceration has gained traction in reducing penal incarceration in the United States. In this report in collaboration with the Detention Watch Network, we detail select case examples of jails and prisons that closed for one purpose, only to cage a different group of people. The case studies demonstrate the importance of looking ahead to strategies which ensure that cages remain closed for all carceral uses, once and for all.
Resources
Publication Date
06/27/2023
Resources
Publication Date
07/26/2023
In the Spring of 2023, the ILRC surveyed partner organizations and immigration practioners to get a sense of how the Biden Administration’s enforcement priorities were impacting interior enforcement. Unsurprisingly, our analysis of the data showed that federal guidance does not prevent ICE from targeting and detaining people who do not meet agency priorities.
Resources
Publication Date
08/23/2023
On August 23, 2023, ILRC submitted a comment on the proposed form that Immigration and Customs Enforcement (ICE) will use to collect information from the public about suspected violations. ILRC opposes the use of this form as it allows for anonymous, un-vetted information to be the basis of investigations and has a high likelihood of being used by abusers, unscrupulous employers and landlords, and others to harass and target immigrant communities.
Resources
Publication Date
10/13/2023
The Immigrant Legal Resource Center (ILRC) builds a democratic society that values diversity and the rights of all people. Through the ILRC’s policy and advocacy efforts, we promote a vision of racial justice that advances the rights of all immigrants, including those who have had contact with the criminal legal system.
The ILRC is dedicated to the long-term goal of dismantling systems undergirded in racial inequities and investing in the power of local communities to organize and create solutions. To achieve our goals, we focus on disrupting the arrest to deportation pipeline that has led to expansive over-policing and immigration enforcement and has contributed to the mass incarceration and exile of Black people and people of color in the United States.
This work is carried out through policy advocacy and implementation at the local, state, and federal level; cultural change work that amplifies a counternarrative to mass criminalization; deep coalition building efforts and collaborative work particularly with directly impacted individuals; and capacity building efforts that equip system stakeholders and impacted communities with the tools to create change that works towards a shared vision of justice for all people
The ILRC is dedicated to the long-term goal of dismantling systems undergirded in racial inequities and investing in the power of local communities to organize and create solutions. To achieve our goals, we focus on disrupting the arrest to deportation pipeline that has led to expansive over-policing and immigration enforcement and has contributed to the mass incarceration and exile of Black people and people of color in the United States.
This work is carried out through policy advocacy and implementation at the local, state, and federal level; cultural change work that amplifies a counternarrative to mass criminalization; deep coalition building efforts and collaborative work particularly with directly impacted individuals; and capacity building efforts that equip system stakeholders and impacted communities with the tools to create change that works towards a shared vision of justice for all people
Webinar
Since the Supreme Court’s decision in Pereira v. Sessions in 2018, there has been a long line of caselaw about whether a Notice to Appear (NTA) missing the time, date or location of proceedings strips the immigration court of jurisdiction to hear a case, triggers the stop-time rule in various contexts, or is sufficient for the issuance of an in absentia removal order. In this webinar, we will discuss how to challenge a NTA that is missing the time, date, or location of proceedings, and we will review the latest caselaw on this topic, including Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022). We will also discuss best practices for preserving arguments for appeal, even when BIA or circuit court caselaw is not on our side.
Resources
Publication Date
11/07/2023
On November 7, 2023, the ILRC submitted this comment on USCIS’s proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment provides detailed suggestions for alterations to the proposed form as well as suggested language the agency should include. ILRC urged the agency to revise the form to reduce barriers to permanent residence for applicants and adjudicators and to focus on ensuring that the form is accessible for pro se applicants.
Resources
Publication Date
01/26/2024
This slide deck was created by a coalition of organizers, activists, and attorneys in Texas to be publicly available for use as a resource when conducting know-your-rights presentations on Texas SB 4/ HB 4.
Community leaders, organizers, and activists are welcome to use this full slide deck as provided, or select the slides that are applicable to your presentation needs.
Community leaders, organizers, and activists are welcome to use this full slide deck as provided, or select the slides that are applicable to your presentation needs.
Resources
Publication Date
06/26/2024
If you are undocumented and have been a victim of a crime, served as a witness for law enforcement, or have been subject to human trafficking, you may be eligible to apply for certain forms of immigration status. These are known as U, T, and S visas. In most cases, the application process for these visas will require help from a law enforcement agency. This Community Explainer details how a new California law, AB 1261, aims to better protect immigrants who are applying for these forms of relief and ensure that California law enforcement agencies help them when needed.
Resources
Publication Date
06/18/2024
While politicians enact and reenact their reckless border theatrics, the ILRC surveyed border residents about their actual needs and how the influx of law enforcement efforts has affected them. We found that while the state of Texas spends more and more money on police and prisons, local governments are starved of funding and communities lack the most basic services, including clean water, paved roads, and street lights.
Resources
Publication Date
07/23/2024
Texas authorities have expansively interpreted a 2024 law that imposes a 10-year mandatory minimum sentence on people convicted under the state's smuggling law to include giving rides to undocumented people, The Immigrant Legal Resource Center (ILRC), Human Rights Watch (HRW), Detention Watch Network (DWN), and AJA Advocacy Solutions said this report highlighting the law’s harm. The brief states that most people prosecuted for smuggling in Texas are young US citizens. Texas law enforcement officers have a troubled track record with identifying alleged smugglers, and now the state has raised the stakes of each arrest significantly.
Resources
Publication Date
07/24/2024
On July 23, 2024, the ILRC provide comment on the Biden Administration’s proposed re-scheduling of marijuana. The ILRC advocated for the complete de-scheduling of marijuana instead of rescheduling. The comment highlighted the racist impacts of maintaining marijuana on the schedule of controlled substances and the lack of any mitigating effect that rescheduling will have on immigration consequences of marijuana-related crimes
Resources
ILRC comments on Texas House Committee on Homeland Security and Public Safety Testimony on SB 602.
Resources
Publication Date
08/21/2024
Prop 47 (2014) reclassified six felony offenses to misdemeanors, including shoplifting and simple drug possession, and funneled costs savings into safety measures like drug and mental health treatment and victim services centers. Proposed Prop 36 (November 2024) would roll back those reforms and add new criminal penalties and sentencing enhancements. Prop 36 will also impose severe immigration consequences on immigrants and their families. It will result in more Californians being deported and more families being separated. This resource provides some of the specific examples of the ways in which Proposition 36 will harm immigrants if passed.
Resources
Publication Date
10/01/2024
The “Expose and Disrupt” guide illustrates how immigrant rights advocates can use state Public Records Act (PRA) requests to fight back against immigration enforcement. Strategic PRA requests can peel back the curtain on ways state and local agencies work together with immigration authorities to reinforce the deportation machinery and traumatize our communities. The guide explains the mechanics of requesting public records, strategies on what information can be useful for campaigns to stop or limit immigration enforcement, and includes examples of what kinds of records exist.
Resources
Publication Date
10/15/2024
Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.
Resources
Publication Date
10/15/2024
Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.
Resources
Publication Date
01/27/2025
Since Donald Trump was re-elected, headlines on immigration have sounded the alarm about his administration’s plans to effectuate mass deportations, increased detentions, and indiscriminate raids. For the past three years, Governor Greg Abbott has used Texas as a laboratory for these types of policies through Operation Lone Star (OLS). This resource aims to parallel the national moves on enforcement to what has already taken place in Texas, in hopes to better equip community members and advocates with the framework to fight back.
Resources
Publication Date
02/05/2025
New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. In the current hostile enforcement environment, and in light of the rescission of formal guidance regarding prosecutorial discretion, these regulations are an important tool for advocates seeking to get clients out of removal proceedings.
Resources
Publication Date
02/12/2025
Following the new administration’s dramatic reorientation of all federal agencies into immigration enforcers, on January 21st, 2025, the DOJ issued a directive requiring all federal prosecutors to prioritize immigration prosecutions. The memorandum also threatens prosecutions and civil lawsuits to sanctuary jurisdictions and entities that seek to protect immigrants. In this analysis, we explain the different sections of the DOJ’s memo and what they mean for immigrants and federal courts nationwide.
Resources
Publication Date
02/12/2025
CBP has signed an agreement delegating immigration enforcement authority to the Texas National Guard. Under the President's "mass influx" declaration, local and state law enforcement agencies may take on civil immigration enforcement authority that they wouldn't otherwise have. These specific powers are designated in a Memorandum of Understanding signed with CBP. This quick explainer highlights what this MOU says, what this means for Texas, and how it relates to Operation Lone Star.
Resources
Publication Date
02/13/2025
Operation Lone Star (OLS) is an unconstitutional and deadly Texas law enforcement scheme that wastes vital state resources to target migrants for arrest, jail, and deportation. To date, nearly $11 billion has been spent on OLS. This policy brief delves into how misguided OLS has been for Texans from a financial perspective and provides recommendations for how OLS funds could be reinvested to support the everyday lives of Texans who need strengthened public services and infrastructure.
Resources
Publication Date
03/28/2025
The Trump Administration is rapidly expanding the 287(g) immigration enforcement program. This program worsens police discrimination and increases the risk of arrest, detention, and deportation for immigrants living in or traveling in places that participate in the 287(g) program.
Resources
Publication Date
04/11/2025
The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.
Resources
Publication Date
04/16/2025
Permanent residents have many rights and benefits.
Permission to live and work in the United States
Eligibility for certain public benefits
Right to travel within the United States and abroad
Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status—only an immigration judge can take away your permanent residence. Permanent residents should carry their green card (or at a minimum a copy of it).
Permission to live and work in the United States
Eligibility for certain public benefits
Right to travel within the United States and abroad
Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status—only an immigration judge can take away your permanent residence. Permanent residents should carry their green card (or at a minimum a copy of it).