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.

DACA and Crimes: What Expungements are Available Nationally
Crimes
DACA
Post-Conviction Relief
Certain criminal convictions are bars to eligibility for DACA.  However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a state statute, based on the fact that the person completed probation or other requirements, or for humanitarian reasons. Note that while DACA government materials call this an “expungement,” different state laws may use different terms for this kind of rehabilitative relief. An expungement is not given effect for most immigration purposes – but it does work for DACA.  For example, a misdemeanor conviction for driving under the influence is a bar to applying for DACA as a “significant misdemeanor.” If  the person has the conviction “expunged,” however, they are not barred from applying, and if they have enough positive equities they may well be granted DACA.

At a Glance: Feb 18th Interim ICE Johnson Memo
Crimes
Detention
Enforcement
This resource briefly reviews the February 18, 2021 interim ICE Memo issued by Acting Director Tae Johnson regarding how ICE will carry out DHS enforcement priorities. The new ICE guidance, effective immediately, will remain in effect until DHS Secretary Alejandro Mayorkas issues new DHS enforcement guidelines. This resource covers applicable enforcement actions, a review of the described enforcement priorities, and potential advocacy opportunities.
Image with cannabis map

What Every Noncitizen Must Know About Cannabis and Immigration
Community Resources
Crimes
Enforcement
Despite new state laws legalizing cannabis for recreational use, archaic U.S. drug laws still classify marijuana as federally illegal. Because immigration is governed by federal law, this means that noncitizens may face serious problems down the line if they are not aware of how their experiences with cannabis could impact their immigration journey. This video and accompanying infographic detail the specific risks associated with the use or possession of cannabis and/or industry employment.

Latest on Public Charge

The new president cannot quickly change public charge law, any proposed changes will take time, and we will have a lot of advance notice. 

Until then, the Biden rule that went into effect on December 23, 2022 remains in effect. Under this rule, health care programs, including Medicaid and COVID care, housing, food programs, and many other vital services are safe to use. Only applicants deemed likely to be primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge.

Remember, the public charge test only applies to some programs and some immigrants; a new president cannot change this.
* It never applies to U.S. citizens, including the U.S. citizen children of immigrants.
* It also doesn’t apply to most people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others. 
*If you are leaving the United States to do an immigration process at a consulate, it is important to check in with your legal provider before leaving under the new administration. 

 

Last update: November 20, 2024

Immigrant Families and the California Earned Income Tax Credit (CalEITC)
Community Resources
California immigrants who file taxes may now receive cash from the California Earned Income Tax Credit (CalEITC). During COVID-19, immigrant families need support, and filing taxes may mean cash benefits for qualifying families. This community resource is designed to help answer the most common questions immigrant communities may have on the CalEITC. For more information on the CalEITC, visit CalEITC4Me.org.

Redacted response to DHS’s 1473.7 opposition
Crimes
Post-Conviction Relief
We previously circulated a sample brief,  Using and Defending PC 1473.7 Vacaturs. But, at times, DHS continues to object to 1473.7 vacaturs. Thanks to Pangea Removal Defense Attorney Luis Angel Reyes Savalza and Immigration Attorneys Merle Kahn and Daniel Shanfield for agreeing to sharing their his recent redacted responses to DHS opposition. This briefing includes a response as to why the 2019 amendments to 1473.7 do not, in fact, turn the statute into a rehabilitative mechanism.

DACA Demystified
Community Resources
DACA
With USCIS now accepting requests for DACA from individuals who have never had DACA, it's VITAL that we understand how to put our best foot forward when compiling evidence documents and application forms. In this video Staff Attorney Veronica Garcia and Legal Outreach Coordinator Abraham Bedoy walk through everything you need to know to prepare to submit your initial application packet! 

California Crimes Toolkit
Between 2014-2021, California advocates have blazed new trails, advocating and passing a state reform agenda that lifts up the needs of citizens and noncitizens.  This toolkit discusses some of CA’s crim/imm legislative reform efforts. Each section contains a discussion with the bill’s primary lead including reflections about compromises and mistakes we wish we hadn’t made. We include draft legislation, opeds, and media, to assist advocates across the country.

TPS for Venezuela: An Overview
Asylum
Family-Based
Removal Defense
Temporary Protected Status
U Visa/T Visa/VAWA
The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela which is also currently in effect through July 20, 2022.

Undocumented Essential Workers Deserve Expedited Path to Citizenship

(WASHINGTON)—There are more than five million undocumented essential workers who have been a critical part of the U.S. COVID-19 response and deserve an expedited path to citizenship. The Immigrant Legal Resource Center (ILRC) supports the introduction of the Citizenship for Essential Workers Act and calls on both houses of Congress to ensure that no unnecessary bars and hurdles are put in the way of this path.  

American Dream and Promise Act Passes House; Some Immigrant Youth and TPS Holders Continue to be Excluded From Relief

(WASHINGTON)—Today, the American Dream and Promise Act (HR6) was passed by the House of Representatives as a result of years of leadership and tireless advocacy by immigrant youth and TPS holders seeking dignity for their families and communities. Unfortunately this bill disqualifies certain immigrant youth and TPS holders who have had contact with the criminal legal system or criminal convictions from eligibility for relief.    

USCIS Policy Manual Makes Sweeping Changes to Discretion
Asylum
DACA
Family-Based
U Visa/T Visa/VAWA
In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance.[i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a dozen types of immigration benefits, including many categories of employment authorization, adjustment to permanent residence, temporary protected status and change of status applications.

Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities
Detention
Removal Defense
ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation.  This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Request for Engagement to the Administration and USCIS on Liberian Refugee Immigration Fairness (LRIF) Act Implementation (Mar. 16, 2021)
Asylum
Citizenship and Naturalization
Family-Based
Policy Advocacy
Removal Defense
On March 16, 2021, ILRC and seven other coalition members of the Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted recommendations to the Administration and USCIS leadership for equitable implementation of LRIF. The group requested a meeting with the government to discuss these recommendations.

Annotated Initial DACA Application Packet

Community Resources
DACA
The ILRC’s DACA Team has put together a page-by-page form guide for anyone looking to apply for Deferred Action for Childhood Arrivals (DACA) as an initial request. This annotated community resource provides insights into many of the questions asked of recipients when completing the forms needed to make up a complete application packet (forms I-821D, I-765, and I-765WS). As stated in the document, it is important that any individual completing their forms ensures that they are using the most up-to-date forms USCIS offers – otherwise they will reject your submission.