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
06/24/2013
New Advocacy Guide for ICE's massive Criminal Alien Program (CAP), from the National Immigrant Project, Washington Defenders Association, and the Immigrant Legal Resource Center.
Resources
Publication Date
07/22/2013
A manual for organizers on how to prevent local law enforcement from holding immigrants for ICE.
Resources
Publication Date
07/22/2013
Resources
Publication Date
07/31/2013
Resources
Publication Date
08/20/2015
These policies include city and county ordinances and administrative policies, as well as state laws, all of which limit the compliance of local law enforcement with ICE holds to some degree. Many other campaigns are ongoing; pending legislation or policies are not yet included here.
Resources
Publication Date
03/04/2014
This guide explains how the California TRUST Act interacts with other ICE enforcement programs in California jails, such as the Criminal Alien Program, 287(g), and Secure Communities.
Resources
Publication Date
03/21/2014
This memorandum was sent to all California County Counsel offices on December 19, 2013. The letter discusses interpretation and implementation of the TRUST Act. Advocates may use this letter to better understand the Act as well as in advocacy.
Resources
Publication Date
05/16/2014
This summary provides details on recent groundbreaking federal court rulings related to immigration detainers. Learn what these decisions mean and how to use this information with your own local sheriffs, other law enforcement, and elected officials.
Resources
Publication Date
08/20/2014
This letter was sent to all California County Counsel and Sheriff Offices to advise on Miranda-Olivares and urge jurisdictions to stop complying with Immigration detainers, unless or until such detainers are accompanied by a judicial determination of probable cause to satisfy the requirements of the Fourth Amendment.
Resources
Publication Date
09/09/2014
The attached provides an overview of the various policy points that advocates should consider in arguing for stronger ICE hold policies, including what language to avoid.
Resources
Publication Date
01/06/2015
This FAQ explains questions of legal authority for local law enforcement agencies to be involved in immigration enforcement. Specifically, the document reviews recent court decisions and examines how the law is evolving in regard to ICE detainers, administrative immigration warrants, and other immigration enforcement mechanisms that local law enforcement may encounter. The FAQ clarifies that even if there is probable cause to believe that a person is unlawfully present, this is not a basis to arrest, because local law enforcement officers do not have authority to enforce civil immigration law.
Resources
Publication Date
03/09/2015
The first handout, "AB 60 California Driver’s License: Frequently Asked Questions," is aimed at immigration attorneys and provides an overview of frequently asked questions regarding AB 60 licenses, including some common red flags. The second handout, "Preguntas Acerca de la AB 60," is aimed at community members and written in Spanish. It provides answers to common questions such as whether it is safe to apply for an AB 60 license depending on prior criminal or immigration history.
Resources
Publication Date
08/19/2015
An immigration enforcement infographic showing what happens when local law enforcement cooperates with ICE. The infographic shows who in our communities are captured by immigration enforcement, how they are captured, and what can happen to community members thereafter.
Resources
Publication Date
09/09/2015
This toolkit for organizers explains how ICE co-opts local law enforcement into immigration enforcement, and how communities can fight to disentangle them. Along with sample questions for local law enforcement and tools for monitoring immigration enforcement activities in your community, this toolkit explains the new enforcement landscape under PEP-Comm and other ICE programs and gives fundamental background information about how ICE is at work in local jails.
Resources
Publication Date
11/13/2019
National Map of Local Entanglement with ICE
Resources
Publication Date
02/13/2017
This brief fact sheet explains the federal statute of 8 USC § 1373 and its relation to policies limiting compliance with immigration detainers or other immigration enforcement assistance by local law enforcement agencies, also called “Sanctuary Policies.” These policies do not generally conflict with 8 USC § 1373 and therefore do not put localities in jeopardy of losing federal funds.
Resources
Publication Date
07/29/2016
This updated memo explores recent case law on immigration detainers and how the 2015 detainer forms are still constitutionally deficient. Local jails who detain immigrants for ICE continue to risk liability for unlawful detentions.