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.

Immigrant Legal Resource Center Applauds Rob Bonta’s Nomination to be California’s Next Attorney General

(San Francisco, CA)—The Immigrant Legal Resource Center (ILRC) applauds Gov. Gavin Newsom’s nomination today of Rob Bonta as the state’s next Attorney General since Bonta has shown he understands that the path toward public safety and human decency is not paved by increased criminalization. If approved, Bonta would be the first Filipino-American to hold this office.

Quick Guide: EAD Eligibility for Asylum Applicants
Asylum
Crimes
Immigrant Youth
Removal Defense
In the summer of 2020, the Department of Homeland Security (DHS) published two regulatory rules relating to eligibility for employment authorization documents (EADs) for individuals with pending asylum applications. Both rules went into effect in August 2020. This advisory provides a summary of the rules and the preliminary injunction currently in effect for members of Casa de Maryland (CASA) and Asylum Seeker Advocacy Project (ASAP). The end of this advisory contains a helpful chart for quick reference, outlining current eligibility requirements for an EAD based on a pending asylum application, and which provisions are temporarily enjoined by the case Casa de Maryland v. Wolf, No. 8:20-CV-02118-PX, 2020 WL 5500165 (D. Md. Sept. 11, 2020), for certain organizational members.

Biden Harris Administration Must Work with Communities to Find Compassionate Ways to Support Unaccompanied Minors

(SAN FRANCISCO, CA)—The Immigrant Legal Resource Center (ILRC) is calling on the Biden Harris Administration to work with local stakeholders and communities to find compassionate ways to support unaccompanied minors at the southern border.  

Liberian Refugee Immigration Fairness (LRIF) Act Extended to December 20, 2021
Asylum
Citizenship and Naturalization
Family-Based
Policy Advocacy
Removal Defense
The Liberian Refugee Immigration Fairness  Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.

ILRC Comment to USCIS Policy Manual Changes on Naturalization Adjudications
Citizenship and Naturalization
ILRC submitted these comments on December 18, 2020 to oppose the administration's dramatic expansion of USCIS guidance on how to assess whether someone has a “lawful admission” for purposes of naturalization eligibility under INA § 318. The updated policy guidance is an unwarranted directive to officers to engage in extreme vetting and unnecessary scrutiny of all naturalization applicants.

Determining Deferred Action for Childhood Arrivals (DACA) Eligibility

DACA
This practice advisory reviews the general eligibility requirements for DACA, as well as issues advocates should look out for when determining eligibility.  There has been a lot of interest from community members and advocates in the DACA program since the program was reinstated by a federal court for DACA initial applications in November of 2020. This advisory offers information to guide advocates as they determine eligibility.

Pereida v. Wilkinson and California Offenses
Crimes
Post-Conviction Relief
Removal Defense
In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds.  Pereida focuses on the “modified” categorical approach, which is how courts approach a conviction under a statute that sets out multiple, separate, offenses (a “divisible” statute). Pereida overruled Marinelarena v. Barr, 930 F.3d 1039 (9th Cir. 2019) (en banc).

In Latest Lawsuit, Texas AG Continues to Deploy White Supremacist Agenda Against Immigrants

(Austin, Texas) — Texas Attorney General Ken Paxton continues to use his white supremacist agenda to attack immigrants. In the latest of his frivolous lawsuits, Paxton has sued the Biden- Harris Administration, on behalf of Texas and Louisiana, alleging that the administration’s interim immigration enforcement priorities are unlawful.

Anti-Black Racism Still Rampant in Criminal Legal System in Spite of Guilty Verdicts in Chauvin Trial

 (San Francisco, CA)—Anti-Black racism is still rampant in the criminal legal system in spite of the guilty verdicts on all counts against Derek Chauvin for murdering George Floyd. The Immigrant Legal Resource Center (ILRC) will continue to stand in solidarity with Black communities and allies who have come together to fight a justice system that devalues Black lives in this country.

Child Detention: Frequently Asked Questions
Immigrant Youth
This resource, co-written with Detention Watch Network, answers common questions about the increased numbers of unaccompanied children arriving at the border and the government’s opening of “influx facilities” and “emergency intake sites” in response. It also provides guidance for responding to a new facility opening in your community.

Criminal Records for DACA
Community Resources
DACA
Persons are barred from receiving or renewing DACA if they have been convicted of a felony, a significant misdemeanor, three or more misdemeanors, or otherwise pose a threat to national security or public safety. DACA applicants who have been arrested or convicted of a crime may still be eligible, but they should first obtain their criminal records and take them to an expert immigration practitioner to obtain legal advice about their eligibility and potential risks of applying. This resource provides persons applying for DACA with instructions about what criminal records they need for their application and how they can find them. 

Avoiding Fraud When Seeking Immigration Legal Services
Community Resources
Family-Based
As you explore potential immigration options for you or your family, finding trusted support from a reputable immigration attorney or other legal service provider can be difficult. Just as payday lenders often prey on under-resourced communities, or predatory scammers pose as immigration officials to demand gift cards, certain businesses can mislead the public by offering immigration legal services despite being unqualified and illegal to do so. This guide is designed to help you identify some key red flags that may indicate a business is not acting in your best interest or is otherwise not providing reliable legal advice or services.

Preparese Para Su Caso De Inmigracion
Community Resources
Family-Based
Los recientes anuncios sobre las propuesta sobre la reforma migratoria en el Congreso han dejado a muchos miembros de la comunidad con preguntas, y aunque ninguno de estos proyectos de ley son ley, muchos se preguntan cómo pueden prepararse para un caso de inmigración en el futuro. Este recurso proporciona tres pasos que los miembros de la comunidad pueden tomar ahora para comprender sus opciones legales y lo que pueden esperar al buscar apoyo legal.

DACA: Continuous Residence
Community Resources
DACA
Immigrant Youth
Applicants must meet certain requirements to be eligible for DACA, including showing that they have been continuously residing in the United States since June 15, 2007. Acquiring documents to use as evidence to prove the continuous residence requirement can be tedious. As such, this resource focuses on the types of evidence initial DACA applicants can gather to prove continuous residence and where applicants can get this evidence.

ILRC and the LRIF Strategy Group Submit Comments to USCIS on Changes Needed in LRIF Guidance and Process
Citizenship and Naturalization
Family-Based
Policy Advocacy
Removal Defense
The Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted these comments in connection with the U.S. Citizenship and Immigration Services’ (USCIS) Request for Public Input published in the Federal Register on April 19, 2021. The Strategy Group is a focused coalition of local, state, and national-level organizations that provide direct legal and other community-based services to Liberians in the United States and includes experts in USCIS operations and implementation issues and Liberian cultural competency.

Public Charge Safe to Use List
Community Resources
Public Charge
This handout provides a list of some of the most common public benefits programs that do not count for public charge. Whether or not public charge applies to you and no matter your immigration status, the programs on this list are safe to use.

One Year After George Floyd’s Murder, Much Work Still Needs to be Done to Dismantle Racist Institutions

On the anniversary of George Floyd’s murder, much work still needs to be done to dismantle racist institutions that target Black people, including Black immigrants. Although former police officer Derek Chauvin was convicted of murdering George Floyd, anti-Black racism is still rampant in the criminal legal system. Unless there is deep systemic change, this vicious cycle of racism against Black people will be repeated.