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.

Sanchez v. Sessions Practice Advisory
Removal Defense
Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings.  This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.

Explaining the Gonzalez v. ICE Litigation Against Ice Detainers
Enforcement
Gonzalez v. ICE is an important class action lawsuit raising fundamental questions about ICE enforcement practices, in particular the use of federal databases to target people for immigration detainers and arrests.  This advisory explains the latest developments in the federal courts and how advocates can use these legal theories to defend their clients and communities.

First Cite and Release Quarterly Report Suggests Citations Not Being Prioritized

For Immediate Release: October 16, 2019
Contact: Carolina Canizales | (210) 760- 7368) | ccanizales@ilrc.org 
Arianna Rosales | (415) 321-8511 | media@ilrc.org

First Cite and Release Quarterly Report Suggests Citations Not Being Prioritized
Coalition of 26 Local Advocacy Groups Demands Policies to Guide Officer Discretion

Government Contracts and Immigration Detention Services
Detention
Enforcement
The Department of Homeland Security uses government contracts to acquire immigration detention services. This graphic explains the procurement process, or the competitive bidding process, that government agencies use to purchase services from private contractors and how DHS can use this process to enter into contracts with private prison corporations. 

Public Charge for Education and Outreach Providers
Public Charge
This one-hour training, specifically for education and outreach providers, discusses what public charge is, who is affected by it, and what the new changes mean for immigrant families. This session includes a discussion on how to conduct outreach and education on public charge to immigrant community members.

Practice Advisory: AG Overturns Sentence Modification Rule: Matter of Thomas & Matter of Thompson
Crimes
Post-Conviction Relief
On October 25, 2019, Attorney General Barr issued a precedential opinion limiting when immigration authorities will give effect to a state court modification of an imposed sentence.  See  Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (AG 2019), available at: https://www.justice.gov/eoir/page/file/1213201/download (“Matter of Thomas/Thompson”)  While advocates plan to challenge this decision in the courts of appeals, it is now binding law. This advisory summarizes the case, provides advice to defenders, post-conviction practitioners, and immigrant advocates about its implementation, and suggests arguments to raise on appeal. 

TPS EAD Extension (Nov 2019)
Asylum
Family-Based
Temporary Protected Status
On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice advisory lays out what community members need to know and should do now.

DOS FAQs for Post-DOMA
LGBT
The Department of State answers frequently asked questions regarding non-immigrant and immigrant visa benefits for same-sex spouses.

Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)
Crimes
Post-Conviction Relief
Removal Defense
Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr, --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, and defense strategies for LPR cancellation.

Who We Are
A brief overview of our work, program areas, and impact.

Key Members of Congress: Trump Admin's attempt to skirt CA detention center ban may violate federal law

For Immediate Release: November 15, 2019
Contact: Arianna Rosales, media@ilrc.org
; Jackie Gonzalez, jgonzalez@sfbar.org

 

Key Members of Congress: Trump Admin's attempt to skirt CA detention center ban may violate federal law

 Advocates hail strong push for oversight from Congressional leaders

The 237(a)(1)(H) Fraud Waiver: Waiver of Deportability for Persons Inadmissible at Time of Admission Due to Fraud or Misrepresentation
Family-Based
Removal Defense
People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee. This advisory explains who can request a 237(a)(1)(H) waiver and the process for applying.