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.
This practice advisory provides an overview of ways to advocate with USCIS and DHS components for solutions to individual case problems and systemic issues.
This community resource provides a brief explanation of the Immigration Court experience. It gives an overview of what happens in Immigration Court, how to confirm information about a case in Immigration Court, and what a person in removal proceedings should do if they do not have an attorney to represent them at an upcoming hearing. This information is useful for community members and advocates working with the immigrant community.
It is time that we pass laws to build communities that are healthy and thriving, instead of ones torn apart by criminalization, biased policing, incarceration, and deportation. To secure the full human rights of all members of our communities, we need a new way forward for immigrant justice—one that ends senseless divisions of “good versus bad” immigrants and recognizes that all communities deserve dignity, restoration and repair, not further criminalization. This one-pager explains A New Way Forward campaign.
On Tuesday, July 16, 2019, ILRC Executive Director, Eric Cohen, testified before the House Judiciary Subcommittee on Immigration and Citizenship about the current dysfunctional state of our country’s naturalization program. He joined representatives from the American Immigration Lawyers Association (AILA) and Catholic Legal Immigration Network, Inc. (CLINIC) to shed light on how USCIS policy changes and processing delays are negatively impacting those seeking immigration benefits and our country as a whole.
On July 23, 2019, DHS issued a notice, expanding the reach of expedited removal to individuals who have been living in the United States for two years or less, and who live anywhere in the United States. This would allow noncitizens to be deported without an opportunity to gather evidence or to present their case to a judge. On August 6, 2019, the American Immigration Council, the American Civil Liberties Union, and the law firm of Simpson Thatcher & Bartlett LLP filed suit challenging the legality of this expansion, Make the Road New York v. McAleenan, Case 1:19-cv-02369. On September 27, 2019, the court granted a preliminary injunction in this case, which blocks the expansion of expedited removal from taking effect while the court decides the case.
In a flawed but significant decision, the Ninth Circuit held that California Penal Code § 243(d), battery with injury, is a crime of violence. United States v. Perez (9th Cir. July 11, 2019). Because of Perez, criminal defenders must assume that § 243(d) is a crime of violence and seek other dispositions when necessary. Immigration advocates should appeal adverse decisions and preserve the argument on appeal. See this Advisory for a discussion of the decision, alternative pleas, and suggestions for arguments.
This community resource explains Freedom City Policies in Austin, Texas, an example of organizers, advocates and community members coming together to fight for the decriminalization of immigrants and communities of color. It gives an overview of the policies, why they were enacted, their impact on the community, individuals’ rights under the policies and actions that may be taken if police officers violate those rights. This information is useful for community members and advocates in Austin, Texas.
Immigrant children and families in the child welfare system face unique barriers to permanency and well-being. In some cases, their involvement in the child welfare system also presents distinct opportunities for seeking lawful immigration status. With half of all children in California coming from an immigrant family, child welfare agencies in California must be equipped to effectively support immigrant children and families on the pathway to permanency. The objective of this Toolkit is to provide guidance to child welfare agencies in California working with immigrant children and families.
Congress Must Block Public Charge Policies that Harm Immigrant Families and Communities, Says Immigrant Legal Resource Center
For Immediate Release: August 12, 2019
Contact: Arianna Rosales, media@ilrc.org
Congress Must Block Public Charge Policies that Harm Immigrant Families and Communities, Says Immigrant Legal Resource Center
In certain immigration cases, you may want to submit a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS), such as to try to find information about previous visa applications and passport records. This Practice Advisory will go over the DOS FOIA process in detail and provide practice tips for obtaining personal records from them, including best practices.
This practice advisory is the second resource in a two-part series on Humanitarian Forms of Relief for noncitizen victims of violence, serious crimes and persecution. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status. The first advisory focused on giving an overview of VAWA, U, and T Visas. Including, eligibility requirements and some factors to consider before applying. This practice advisory will focus on giving an overview of asylum and special immigrant juvenile status (SIJS), including their eligibility requirements and some factors to consider before applying.
Moving Texas Forward: Local Policies Towards Inclusive Justice was created for the many organizations and elected officials in Texas that are struggling to find solutions to disrupt the harmful arrest-to-deportation pipeline. Texas has helped deport more people than any other state. In fiscal year 2017, more than 395,000 people, or 17% of all deportations nationwide, were deported from Texas. Texas’ role in the detention and deportation of immigrants has increased under the Trump administration and will continue to increase because of SB 4. This guide attempts to provide a comprehensive and thorough look at some of the ways advocates, policymakers, and local law enforcement can work together to minimize the arrest-to-deportation pipeline.
New Trump Rules Exacerbate Miserable Conditions for Children at the Border, Dire Consequences to Follow Termination of Flores Agreement
For Immediate Release: August 21, 2019
Contact: Arianna Rosales, media@ilrc.org, 415-321-8511
New Trump Rules Exacerbate Miserable Conditions for Children at the Border, Dire Consequences to Follow Termination of Flores Agreement
In this issue: In Focus: Goals for the new Austin, Texas office; Ending 287(g) agreements: An overview of the effort to keep local law enforcement out of the federal immigration enforcement work; Congress must take down Trump administration's barriers to citizenship; 2019 Phillip Burton Immigration & Civil Rights Awards; 2018 Annual Report
One of the most heartbreaking and galvanizing assaults on immigrant and human rights in 2018 was the administration’s policy of separating families seeking asylum, or other relief, at our borders. Read about how the ILRC responded in our 2018 Annual Report.
It is unlikely U.S. Immigration and Customs Enforcement (ICE) will carry out immigration enforcement operations at an early childhood education center, childcare facility, or First 5 site. Nonetheless, it is important for facilities to have policies that address the concerns of the parents, families, and communities they serve. Accordingly, the ILRC put together model policies for early childhood education centers, childcare facilities, or First 5 sites in California. The model policies are meant to serve as a menu of options to choose from and adopt as relevant for your specific site. These policies can be incorporated into existing policies and do not need to be adopted in their entirety.
As a trusted institution in immigrant families’ lives, childcare providers can play a critical role in ensuring immigrant families have access to important information and resources during these turbulent and scary times. This resource provides ideas for how childcare providers can support immigrant families.
The Immigrant Legal Resource Center created this template to help you draft your own comments in opposition to this interim rule with request for comment. The new rule can be found here. Comments are due by October 25, 2019. We are very concerned about this rule’s “reorganization” at EOIR that eliminates OLAP, the office that has operated the Recognition and Accreditation (R & A) Program and the legal orientation programs until now. The rule places the remaining functions of OLAP under an Office of Policy.
California’s Historic Move to End State Support of Private Prisons Must be Signed into Law by Gov. Newsom, Urges ILRC
For Immediate Release: September 16, 2019
Contact: Marie McIntosh, media@ilrc.org
California’s Historic Move to End State Support of Private Prisons Must be Signed into Law by Gov. Newsom, Urges ILRC
The ILRC is pleased that Congress is engaging in a serious conversation about immigration policy and how to protect DACA recipients, TPS holders and those with DED - who are among the many groups of people of color and immigrants targeted by the Trump Administration's racist policies and discriminatory practices.
This short resource explains how California laws protect noncitizen youth in the youth justice system from immigration enforcement.
This practice advisory summarizes the immigration benefits for same-sex spouses after the U.S. Supreme Court decision in United States v. Windsor declared section 3 of DOMA (Defense of Marriage Act) unconstitutional. It covers family-based petitions (including VAWA) and nonimmigrant visas for same-sex spouses and children.
While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.
On August 26, 2019, the Department of Justice, Executive Office for Immigration Review (EOIR) published an interim final rule, effective immediately, with a request for public comments by October 25, 2019. ILRC posted a templated comment urging programs to send in their own responses.