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.

The Immigrant Advocate | Summer 2018
In this issue: Separating Children from Their Families at the Border: Our Newest Inhumanity to Immigrants (A Child Psychiatrist’s Take); 2018 Phillip Burton Immigration & Civil Rights Awards; When Water Is Safer than Land: A Day Inside Our Nation’s Immigration Border Jails; Mark Silverman: An Immigration Law Titan Retires; Immigrant Rights in the San Joaquin Valley; 2017 Annual Report; Writing in the Age of Trump

DACA Criminal Bars Chart
Crimes
DACA
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.

2017 Annual Report
Needless to say, the immigration law field faced unique and disturbing challenges during the first year of the new administration. The public fought back and drew a firm line to affirm their differing values. Still, the Department of Justice and Homeland Security persisted with xenophobic policies and enforcement practices. Read more about the ways we have pushed back in our 2017 Annual Report.

How Will DACA Help Me?
DACA
Outlines all of the benefits that come with obtaining DACA approval. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria  Dominguez, for their efforts in helping to create this resource.

The Fight Over DOJ Grants and Sanctuary Policies
Enforcement
The DOJ created new conditions for state and local recipients of Byrne Justice Assistance Grants and other federal grants, in an effort to prevent jurisdictions with certain sanctuary policies from receiving any funds. Several federal courts have found these requirements to be unconstitutional, and ordered the DOJ to distribute the grants to sanctuary cities such as Chicago and Philadelphia. This advisory explains the specific grants at issue, the various lawsuits against DOJ’s conditions, and other new developments in the fight over federal funding of sanctuary cities.

DACA Update (August 2018)
DACA
The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had DACA.

From Advance Parole to a Green Card for DACA Recipients
DACA
This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.

Risks of Applying for Special Immigrant Juvenile Status (SIJS) in Affirmative Cases
Immigrant Youth
USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.” This Practice Advisory answers common questions about the risks of filing affirmative SIJS cases for youth in a variety of scenarios, such as when the youth has a delinquency history, the youth is over the age of 18, or the youth is alleged to be gang-involved.

Immigration Options for Undocumented Immigrant Children
Asylum
DACA
Family-Based
Immigrant Youth
LGBT
Removal Defense
U Visa/T Visa/VAWA
This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend consulting with an immigration expert before filing any applications for immigration relief.

Old, Outdated Charts of CA Crimes and Their Immigration Consequences
Post-Conviction Relief
For years, the ILRC has published a free chart detailing California crimes and their immigration consequences. Older charts are frequently used by post-conviction practitioners to establish the prevailing professional norms at the time of a conviction. These charts no longer contain accurate law and should not be relied upon for the status of the current immigration consequences of criminal convictions. For a summary of current law, please see www.ilrc.org/chart.

ILRC Urges Eligible DACA Recipients to Continue to Renew Applications, Congress to Find Permanent Solution Amidst Latest Ruling by Texas Judge

For Immediate Release: August 31, 2018
Contact: Courtney Holsworth, courtney@balestramedia.com, (989) 572-8162

ILRC Urges Eligible DACA Recipients to Continue to Renew Applications, Congress to Find Permanent Solution Amidst Latest Ruling by Texas Judge

Advisory About the Immigration Consequences of California Methamphetamine Convictions: Lorenzo v. Sessions
Crimes
Post-Conviction Relief
Removal Defense
In August 2018, the Ninth Circuit published an opinion holding that methamphetamine as defined under California law is not a controlled substance for federal immigration purposes.  In January 2019, however, the court withdrew the published opinion, and issued a non-published opinion that came to the same conclusion.  See Lorenzo v. Sessions, 902 F.3d 930 (9th Cir. 2018), withdrawn by Lorenzo v. Whitaker, 913 F.3d 930 (9th Cir. 2019), and unpublished decision at Lorenzo v. Whitaker, 752 F. App'x 482 (9th Cir. Jan. 17, 2019). The case has been remanded to the Board of Immigration Appeals.  At this time, California defenders must assume that California methamphetamine is a controlled substance for immigration purposes. Immigration advocates in removal proceedings have no precedent to rely upon, but they can make the Lorenzo argument and cite to the unpublished case, while also aggressively pursuing other defense strategies.

Trump Administration Moves to Terminate Rights of Immigrant Children, Advocates Urge Agencies to Protect and Expand Children’s Rights

For Immediate Release: September 6, 2018

Contact: Courtney Holsworth, courtney@balestramedia.com, (989) 572-8162

Trump Administration Moves to Terminate Rights of Immigrant Children, Advocates Urge Agencies to Protect and Expand Children’s Rights

The Immigrant Legal Resource Center Opposes DHS and HHS Newly Released Regulation to Further Dehumanize Immigrant Children

Defending Your Client in Light of SB 54, the California Values Act
Crimes
Enforcement
As of January 2018, the California Values Act (SB 54) is the law in California. This sweeping legislation curtails the role of state and local police agencies in federal immigration enforcement. This webinar, tailored to criminal defenders, will provide an overview of the Act’s major provisions and how to incorporate this new law into your defense practice. If you are interested in accessing the recording, please contact Grisel Ruiz, gruiz@ilrc.org.

Immigrants Participating in Health and Nutrition Programs Become Latest Target of Trump Administration Deportation Efforts

For Immediate Release: September 24, 2018
Contact: Courtney Holsworth, courtney@balestramedia.com, 989.572.8162

Immigrants Participating in Health and Nutrition Programs Become Latest Target of Trump Administration Deportation Efforts

The Immigrant Legal Resource Center is Submitting Public Comments to Oppose Rules that Threaten the Health and Safety of Millions of Families