Areas of Expertise

The Immigrant Legal Resource Center (ILRC) immigration attorneys’ expertise focuses on family-based immigration, humanitarian relief, naturalization and citizenship, immigration enforcement, and removal defense.

Since 1979 we have helped expand the immigration expertise of attorneys, nonprofit staff, criminal defenders, and others assisting immigrant clients.

In addition to authoring the ILRC’s practice manuals, our expert attorneys have been published by Continuing Education of the Bar (CEB), American Immigration Lawyers Association (AILA), ILW.com, Huffington Post, Sargent Shriver National Center on Poverty Law, Center for Law and Social Policy, The Hill, LexisNexis Emerging Issues, and Fox News Latino.
 
We have also provided training to National Council of Juvenile and Family Court Judges, National Association of Criminal Defense Lawyers, American Immigration Lawyers Association (AILA), American Bar Association Commission on Immigration, Federal Bar Association, The State Bar of California, Legal Aid Association of California, Judicial Council of California and more.

287(g)
Enforcement
287(g) is a program for allowing state and local agencies to act as immigration enforcement agents. Under 287(g), ICE forms an agreement with a state or local agency - most often a county sheriff that runs a local jail - and this agreement delegates specific immigration enforcement authority to designated officers within the local agency. These agreements are also known as “287(g) contracts” or “MOAs” (Memorandum of Agreement). The program gets its name from section 287(g) of the Immigration and Nationality Act.

Modifications and Waivers to Taking the Oath of Allegiance

Citizenship and Naturalization
The final step in the naturalization process is the oath of allegiance to the United States. The oath demonstrates loyalty to the United States and the Constitution. All applicants must demonstrate that they are “attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.” The oath also includes statements that the applicant is willing to “bear arms on behalf of the United States,” and “perform noncombatant service in the Armed Forces” when required by law.

How to Avoid Mandatory ICE Detention
Crimes
Removal Defense
Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing. Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your client may be subject to mandatory detention, and what immigration advocates and criminal defense counsel can do to help their clients to avoid it.

Los Angeles District Attorney Office Policy Permitting 1473.7 Motions In Cases Without Any NTA or Removal Order
Crimes
Post-Conviction Relief
Upon the January 1, 2017 enactment of Penal Code 1473.7, the LA District Attorney took the position that the motions were not ripe unless a final removal order or notice to appear had issued. Thanks to advocacy of organizations and individuals, especially Harland Braun, on April 17, 2018, the LA District Attorney Office changed their policy noting that “the Office is persuaded that the Legislature intended section 1473.7 to apply regardless of whether the moving party has received notice of removal proceedings or a removal order.”

Human & Immigrant Rights Groups File Amicus Brief Urging Continuance of California’s Oversight of Immigration Detention Conditions

For Immediate Release

Human & Immigrant Rights Groups File Amicus Brief Urging Continuance of California’s Oversight of Immigration Detention Conditions

Brief Addresses Legal Arguments Raised by Trump Administration Against Trio of State Bills that Provide Crucial Due Process Protections for Immigrants

The CSPA and Asylees
Asylum
Family-Based
This practice advisory discusses how the Child Status Protection Act protects children of asylees and refugees through the immigration process, including the asylum application, the Form I-730, and adjustment.

U Visa Database of Law Enforcement Certifiers and Travel/Consulate Information
U Visa/T Visa/VAWA
Immigration Center for Women and Children (ICWC) administers a database of information sourced from more than 700 advocates nationwide with helpful information about law enforcement agencies who certify victim helpfulness for U cases and consulates abroad who issue U visas. The database includes information on who the U certifying officers are and where to send the requests, as well as the most updated policies and practices, nationwide. The goal is to update information on every state and federal agency, whether they do or don’t sign certifications. The database also includes information about consulates’ and embassies’ practices in processing U visa cases. These are both critical resources to any organization or office with a U visa caseload.For more information on these and other U-related databases that ICWC administers, go to http://icwclaw.org/services-available/icwc-u-travel-and-certifier-database/. If you’re new to using Zoho databases (the platform for ICWC’s databases), watch the helpful video below.

Deportation by Any Means Necessary: How Immigration Officials Are Labeling Immigrant Youth as Gang Members
Asylum
Crimes
Enforcement
Immigrant Youth
Removal Defense
This report details findings from a national survey of legal practitioners concerning the increased use of gang allegations against young immigrants as a means of driving up deportation numbers, at the encouragement of the Trump administration. The report suggests emerging best practices for immigration attorneys to employ in both fighting against unfounded gang allegations and working to mitigate the impact of prior gang involvement.

New Report: Trends in Gang Allegations Against Immigrant Youth Analyzed by the ILRC

For Immediate Release: May 22, 2018

Contact: Jareyah Bradley, jareyah@balestramedia.com, (908) 242-4822

New Report: Trends in Gang Allegations Against Immigrant Youth Analyzed by the Immigrant Legal Resource Center

Attorneys Report Usage of Social Media Pictures Against Immigrant Youth in Legal Proceedings

New AP Guidance: Avoid Use of “Chain Migration” Language on Family Migration Following Grassroots Campaign

For Immediate Release: May 25, 2018
Contact:
Jareyah Bradley, jareyah@balestramedia.com, (908) 242-4822
Camonghne Felix, camonghne.felix@berlinrosen.com, (646) 675-4009

New AP Guidance: Avoid Use of “Chain Migration” Language on Family Migration Following Grassroots Campaign

Petition Campaign, Led by the Immigrant Legal Resource Center and Color Of Change, Attracts 26,000 Signatures

Non-LPR Cancellation of Removal: An Overview of Eligibility for Immigration Practitioners
Family-Based
Removal Defense
Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card, but the eligibility requirements for non-LPR cancellation are distinct from other means of applying for a green card, and also from other types of cancellation of removal. It is important for immigration practitioners to be familiar with non-LPR cancellation, as it may be the only form of immigration relief available for many people in removal proceedings who entered the United States without inspection. This practice advisory will walk through the basic requirements to help practitioners screen for cancellation eligibility.

TPS for Nepal
Temporary Protected Status
This legal update provides a summary explanation of how TPS holders from Nepal can re-register and re-apply for work permits now that DHS has announced the termination of Temporary Protected Status designation for Nepal.

After TPS: Options and Next Steps
Asylum
Family-Based
Removal Defense
Temporary Protected Status
U Visa/T Visa/VAWA
Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory describes what TPS recipients and their advocates can do now to understand their legal options. It will review the most common forms of relief, with a particular focus on family-based immigration and how recent federal court cases allow some TPS recipients in the 6th (Flores) and 9th (Ramirez) circuits to adjust status in the United States.

Temporary Protected Status (TPS) for Honduras
Temporary Protected Status
On May 4, 2018, the Department of Homeland Security (DHS) announced that it terminated the TPS designation for Honduras. This TPS designation was supposed to expire on July 5, 2018. DHS has given TPS holders from Honduras an additional 18 months of TPS status (until January 5, 2020). On June 5, 2018, DHS published a notice in the Federal Register explaining how TPS holders from Honduras can re-register and re-apply for work permits, or Employment Authorization Documents (EAD). This is a summary of what you can do now.