Areas of Expertise | Immigrant Legal Resource Center

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 Juvenile Delinquency Adjudications & Records: FAQs

05/27/2021

Crimes

DACA

Immigrant Youth

In this practice advisory co-drafted with Public Counsel, we answer common questions on how to tackle disclosure of juvenile adjudications and dissemination of court records for individuals interested in applying for DACA. It also includes a sample DACA request packet, which shows various ways to disclose juvenile adjudications and comply with state confidentiality laws.

Immigrants and Marijuana

05/21/2021

Citizenship and Naturalization

Crimes

Family-Based

Immigrant Youth

Post-Conviction Relief

Removal Defense

The majority of states have legalized some use of marijuana, but marijuana remains a federal Schedule I controlled substance. Therefore, any conduct involving marijuana can be very dangerous for immigrants – including conduct that is permitted under state law. Admitting that one has “legally” used marijuana, being employed in the fast-growing cannabis industry, and any conviction can cause serious immigration problems. A prior marijuana conviction must be vacated based on some error; the fact that the state has since legalized the conduct does not erase it, and many state “mass expungement” actions also do not. Evidence that a person has sold marijuana can harm any noncitizen, in some cases including immigrant youth. Marijuana issues can cause bars to eligibility for affirmative applications such as adjustment of status and naturalization; admission at the border; and cancellation and other applications in removal proceedings. 

Immigration Consequences of Pretrial Diversion and Intervention Agreements

06/03/2021

Crimes

Post-Conviction Relief

Prosecutors

Immigration law has its own definition of what constitutes a criminal conviction. The Board of Immigration Appeals (BIA) and other courts have held that certain types of pretrial diversion and intervention agreements that result in dismissal under state law can still constitute a conviction for immigration purposes. Practitioners must pay close attention to the structure of such agreements, and the variety of available diversion programs, when evaluating a client’s criminal history and advising about the potential immigration consequences of criminal offenses and dispositions. This advisory discusses when such diversion agreements and programs will constitute a conviction for immigration purposes, strategies to avoid triggering an immigration conviction, and tips for advocating for “immigration-safe” agreements.

Supreme Court Rules Unanimously Against Immigrants with TPS

06/07/2021

Read more about Supreme Court Rules Unanimously Against Immigrants with TPS

The lives of thousands of immigrants who have Temporary Protected Status (TPS) were thrown into further turmoil today when a unanimous Supreme Court restricted a potential path to permanent residence for those who entered the country without permission. There are approximately 400,000 people from 12 countries with TPS status, which provides the right to live and work lawfully in the United States but no permanent status.

H-4 Domestic Violence Survivors and INA § 106 Employment Authorization

06/09/2021

Family-Based

U Visa/T Visa/VAWA

Most H-4 spouses of H-1B nonimmigrants are ineligible for employment authorization and thus are financially dependent on the principal visa holder spouse. This dependence can be used as a tool for abuse and control in relationships and exacerbate domestic violence situations. INA § 106 allows survivors of domestic violence who are spouses of certain nonimmigrant visa holders to be eligible for work authorization independent of their spouse. This advisory provides an overview of employment authorization eligibility under INA § 106 for H-4 spouses of H-1B visa holders who are survivors of domestic violence.

Congressional leaders push back on Biden’s DOJ’s attack on California private prison ban

06/10/2021

Read more about Congressional leaders push back on Biden’s DOJ’s attack on California private prison ban

WASHINGTON, D.C.- Today, a congressional letter led by Representatives Norma J. Torres (CA) and Rep. Raúl M. Grijalva (AZ), urged Attorney General Merick Garland drop the Department of Justice’s lawsuit against California’s AB 32 bill banning private prisons. The letter has been signed by 25 members of congress including representative Rashida Tlaib, member of the famous Squad at the House of Representatives.

Applying for Adjustment of Status Through VAWA

07/29/2021

Family-Based

U Visa/T Visa/VAWA

The Violence Against Women Act (VAWA) allows certain noncitizens (regardless of gender) abused by a family member to seek immigration relief by "self-petitioning" based on the abusive relative's immigration status, without having to involve that abusive family member in the immigration process, and based on that VAWA designation, apply for lawful permanent resident status (a "green card"). Obtaining lawful permanent resident status through VAWA is generally a two-step process: one, filing the VAWA self-petition and two, filing the application for adjustment of status based on VAWA. This practice advisory goes through the second step, filing an adjustment application based on VAWA. VAWA adjustment applicants have slightly modified requirements from other family-based adjustment applicants, including less rigorous general requirements and certain special exceptions and waivers to some of the grounds of inadmissibility.

9th Anniversary of DACA Acknowledges Strength of Immigrant Youth Organizing But Highlights Need for Action from Biden Harris Administration

06/15/2021

Read more about 9th Anniversary of DACA Acknowledges Strength of Immigrant Youth Organizing But Highlights Need for Action from Biden Harris Administration

(San Francisco, CA)—The 9^th anniversary of the Deferred Action for Childhood Arrivals (DACA) program marks the continued determination of the immigrant community battling against hateful and racist policies to win relief, but unfortunately highlights the continued danger faced by immigrant communities at the hands of the Biden Harris Administration’s enforcement and detention practices.

Practice Alert Regarding Certain U and T After-Acquired Spouses

06/11/2021

U Visa/T Visa/VAWA

The Ninth Circuit’s decision in Medina Tovar expanded eligibility for U derivative status for certain after-acquired spouses of U visa petitioners. ASISTA, CLINIC & ILRC’s new Practice Alert includes the latest information on how and when to file an I-918A for a derivative spouse where the marriage to the U-1 petitioner occurred after the filing of the I-918 but before the U petition was adjudicated.

Criminal Defender Toolkit re: Institutional Hearing Program

06/16/2021

This first of its kind toolkit is designed for Criminal Defenders working with noncitizen clients who may be placed in removal proceedings through the Institutional Hearing Program (IHP). The Stanford Immigrants' Rights Clinic developed these materials on behalf of the Immigrant Legal Resource Center (ILRC). A special thanks to clinic students Noelle Smith (’21), Claire Fieldman (’22), Raven Quesenberry (’22), and Drew Alvarez (’21) for their leadership developing these materials.

Gov. Abbott’s Anti-Immigrant Fervor Gets Worse as He Orders Texas Prison Cleared to Hold Immigrants

06/17/2021

Read more about Gov. Abbott’s Anti-Immigrant Fervor Gets Worse as He Orders Texas Prison Cleared to Hold Immigrants

(Austin, TX)—Greg Abbott has signaled that his mission as governor of Texas is to unleash as much harm as possible against immigrants, while ignoring the real needs of Texans.

2021 California Laws That Can Help Immigrants Charged with or Convicted of Crimes

06/18/2021

Citizenship and Naturalization

Crimes

DACA

Family-Based

Post-Conviction Relief

Removal Defense

On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include: 

NALEO Educational Fund Comment on N-648

06/21/2021

Citizenship and Naturalization

Policy Advocacy

In 1994, Congress established an exception to the English and civics testing requirements for applicants

Comparison of Immigration Relief Bills Introduced in the US Congress in 2021

06/21/2021

Citizenship and Naturalization

Community Resources

Various pieces of legislation have been introduced in the US Congress in 2021 designed to provide immigration relief to certain members of the undocumented community.  In this resource, we provide a comparison of key provisions of some of these bills.  The ILRC applauds the leadership and organizing of immigrant communities who have bravely fought for years to ensure these proposals for relief are considered by Congress and that all members of our communities can live with dignity.  These bills are important steps forward in addressing the inequities in our immigration system, however the ILRC believes that legislative proposals should be fully inclusive so that individuals who have had contact with the criminal legal system are not disqualified for relief.      

Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion Memo

06/21/2021

Detention

Removal Defense

ICE enforcement priorities have changed under the Biden administration, signaling a return to the use of prosecutorial discretion. On May 27, 2021, the ICE Principal Legal Advisor issued guidance for OPLA attorneys about how and when to exercise prosecutorial discretion during various stages of removal proceedings. EOIR subsequently issued its own memo discussing EOIR policies related to the enforcement priorities. Building upon our previous practice advisory, Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities, this practice alert from ILRC and NIPNLG provides immigration practitioners with a summary of the OPLA and EOIR guidance, including key information, practice tips, and takeaways.

California State Laws on the U Visa

06/24/2021

U Visa/T Visa/VAWA

California has passed four bills in recent years concerning access to the U visa, an important form of immigration status. Although the federal government decides who receives a U visa, the state can increase access to the remedy by creating processes for noncitizens to obtain a U visa certification from law enforcement, a necessary part of the U visa petition. All of the bills address U visa certification. This advisory describes the California bills, who they apply to, and how practitioners can use them to advocate for U visa clients.

Overview and Cost of Common Immigration Remedies for Youth

06/24/2021

Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many immigration application forms, including those available to young people, and would have limited access to fee waivers. The rule was blocked by federal courts, and after President Biden took office, the Department of Justice decided not to defend the rule, so it never took effect and for now immigration filing fees remain at the previously set amounts. This advisory reviews some of the main forms of immigration relief available to children and youth and the current fees for each, and summarizes the litigation and related efforts that ultimately defeated the Trump fee rule.

Texas

Background

Immigrants, Black people, and communities of color in Texas have faced decades of criminalization, incarceration, and deep entanglement between local law enforcement agencies and federal immigration enforcement authorities - leading to high numbers of immigration arrests, deportations, and incarcerations.

Texas is also home to one of the nation’s most regressive anti-immigrant laws, SB 4, which fortifies ICE’s ability to use local jails to target, arrest, and deport immigrants. As an epicenter for criminalization and immigration enforcement, we know that policies in Texas will impact other locations facing similar challenges.

Our Strategy

Our strategy to challenge the anti-immigrant and mass incarceration agenda in Texas is to pass and implement local policies that disrupt the arrest-to-deportation pipeline by reducing arrests, incarceration, and deportations. We advocate for local policies that promote immigrant rights and criminal justice, and we provide a wide range of campaign, legal/policy, and communications support to local groups and coalitions fighting for inclusive justice.

By increasing understanding of how the criminal and immigrations systems intersect, nurturing effective coalitions, winning policy change, developing resources, shifting the narrative, building legal capacity, and fostering cohesion among advocates across the state, we seek to build a strong movement for long-terms wins at the local level and strengthen legal representation for immigrants in Texas.

Coalition Partners

We proudly work in collaboration with these coalitions and other partners throughout Texas looking to better the lives of immigrants. These are some of the coalitions we partake in:

SA Stands

Houston Leads

Texas Resists

RISE Campaign

Resources

Driver Prosecutions, Immigrants, and "Smuggling" in Texas

Publication Date

07/23/2024

Texas authorities have expansively interpreted a 2024 law that imposes a 10-year mandatory minimum sentence on people convicted under the state's smuggling law to include giving rides to undocumented people, The Immigrant Legal Resource Center (ILRC), Human Rights Watch (HRW), Detention Watch Network (DWN), and AJA Advocacy Solutions said this report highlighting the law’s harm. The brief states that most people prosecuted for smuggling in Texas are young US citizens. Texas law enforcement officers have a troubled track record with identifying alleged smugglers, and now the state has raised the stakes of each arrest significantly.

Toolkit & Reports

Resources

A Report From the Texas Border: Survey on What Residents of Webb County Need and Want from Elected Officials

Publication Date

06/18/2024

While politicians enact and reenact their reckless border theatrics, the ILRC surveyed border residents about their actual needs and how the influx of law enforcement efforts has affected them. We found that while the state of Texas spends more and more money on police and prisons, local governments are starved of funding and communities lack the most basic services, including clean water, paved roads, and street lights.

Toolkit & Reports

Resources

Printable Texas Travel Advisory Map (Disponible en Español)

Publication Date

02/15/2024

This map displays the counties in Texas that have implemented policies and actions against immigrants, particularly under Operation Lone Star
(OLS) and anti-immigrant legislation. It is important to note that these findings are within the context of Texas being a state with a strong pro-incarceration and anti-immigrant stance.

Este mapa muestra los condados en Texas que han implementado políticas y acciones contra inmigrantes, en particular bajo el Operativo Lone Star (OLS). Es importante tomar en cuenta que lo que muestra el mapa es bajo el contexto de que Texas es un estado con opiniones fuertes a favor del encarcelamiento y sentimientos anti-inmigrantes.

En Texas, inmigrantes, migrantes y personas de color enfrentan riesgos de diferentes niveles. Sin embargo, ningunas áreas pueden ser consideradas santuarios o jurisdicción donde no estén bajo amenaza de los departamentos de policía local, estatal, y federal.

Para obtener más recursos sobre el Operativo Lone Star, visite https://www.endlonestar.com/

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ILRC in Texas

The ILRC’s work in Texas focuses on building capacity and passing and implementing local policies that dismantle the arrest-to-deportation pipeline and decriminalize immigrants, Black people, and other communities of color.

U Visa Derivatives Age-Out Practice Advisory

06/25/2021

U Visa/T Visa/VAWA

For many family members, being a derivative on a U petition may be the only way they will be able to get legal status in the United States. Because of this, it is important to understand when a derivative can be included on a petition and USCIS’s current interpretation of age-out protections. ICWC and ILRC wrote this advisory to address a changed interpretation of age-out protections for U visa derivatives.

ILRC Comment re USCIS Policy Manual False Claim

06/28/2021

Citizenship and Naturalization

Policy Advocacy

 ILRC submitted this comment in response to the recent update to the USCIS Policy Manual, entitled “Naturalization Eligibility and Voter Registration Through a State’s Benefit Application Process,” issued May 27, 2021, and effective immediately. ILRC wrote to commend USCIS on the addition of this update, suggest edits to the wording of the false claim ground to better reflect the law and avoid unintended expansion of this already broad ground, and encourage USCIS to include similarly limiting language in Volume 8 regarding the false claim and unlawful voting grounds of inadmissibility.

Rep. Garcia, Teen Advocate, New American Campaign Founding Funders Honored at 2021 Burton Awards Ceremony

06/29/2021

Read more about Rep. Garcia, Teen Advocate, New American Campaign Founding Funders Honored at 2021 Burton Awards Ceremony

(San Francisco, CA)—Congresswoman Sylvia R. Garcia, teen activist Crista Ramos, and the New American Campaign’s founding funders were honored at the 2021 Burton Awards for their work in the areas of policy, advocacy, and lawyering to significantly advance the civil rights of immigrants.

Special Considerations when Screening Youth for T Visa Eligibility

07/02/2021

Immigrant Youth

U Visa/T Visa/VAWA

T visas are a crucial but often underutilized form of relief for youth who have survived trafficking. This advisory gives an overview of special considerations practitioners should keep in mind when screening youth for T visa eligibility. It gives helpful tips that practitioners can use to ensure that they fully assess a child’s eligibility while minimizing retraumatization.

Joint Advocacy Letter to USCIS on Liberian Refugee Immigration Fairness Act (LRIF) – Expired Passports Should be Accepted as Primary Evidence of Nationality

07/07/2021

Asylum

Citizenship and Naturalization

Family-Based

Policy Advocacy

In July 2021, African Communities Together, the UndocuBlack Network, and the Immigrant Legal Resource Center submitted a memo to USCIS outlining the reasons that an expired Liberian passport should be considered primary evidence of nationality for LRIF eligibility.

Sanchez v. Mayorkas: TPS and Adjustment after the Supreme Court’s Decision

07/08/2021

Family-Based

Temporary Protected Status

In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust status within the United States. Previously, the Sixth, Ninth, and Eighth Circuit Courts of Appeal had held that it did, whereas the Eleventh, Fifth, and Third Circuits had held that it did not. In Sanchez, the Supreme Court found that a grant of TPS is not an “admission” for adjustment purposes. This practice alert provides a brief summary of the Sanchez decision, discusses who is and is not impacted by the decision, and provides some suggestions for next steps and other resources.