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.

Overview of the New U Nonimmigrant (“U Visa”) Bona Fide Determination
Crimes
U Visa/T Visa/VAWA
On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process could be very good for many of the 270,000 folks who have filed for a U visa and are waiting – but there are many folks left out, and of course, much of this depends on how the process is implemented. ILRC and ASISTA wrote this advisory to provide updated information on the new process and discuss eligibility, decisions and renewals, and other issues.

TPS Update After the Supreme Court Decision
Community Resources
Temporary Protected Status
TPS is an important form of protection that has been the subject of many changes and updates over the last few years. A recent Supreme Court decision limiting where and how certain TPS holders can apply for permanent residence through a family member has created confusion in the community. This resource provides a quick overview of the rights and options of TPS recipients and outlines the paths to permanent residence that remain available to many TPS holders.

Remote Immigration Legal Services – Here to Stay?
Citizenship and Naturalization
Community Resources
DACA
While the immigration field has long explored how to provide legal services to underserved communities, determining how to deliver high quality services remotely became a universal concern during the COVID-19 pandemic. Now, as organizations gradually return to in-person services, some are exploring how to integrate remote practices into this changed landscape. In this practice advisory, we review the ongoing impact of the pandemic on immigrant communities, U.S. Citizenship and Immigration Services (USCIS), and immigration legal service agencies. We also provide lessons learned from agencies across the country that are continuing to think expansively about how to incorporate remote services to meet clients’ needs.

AG Garland Restores Access to Administrative Closure in Immigration Courts, Reversing a Trump Era Decision

(San Francisco, CA)—The Immigrant Legal Resource Center (ILRC) applauded today’s decision by Attorney General Merrick Garland to restore access to administrative closure in immigration courts nationwide, reversing a Trump era decision that had halted this longstanding practice. 

The ILRC Condemns Texas Judge’s Ruling that DACA Program is Unlawful

(San Francisco, CA)--The Immigrant Legal Resource Center (ILRC) will continue to defend the Deferred Action for Childhood Arrivals (DACA) program which has granted close to 1 million immigrant youth protection from deportation.  The ILRC, along with our partners, will continue to fight US District Court Judge Andrew Hanen’s ruling today declaring DACA unlawful in a case brought by Texas Attorney General Ken Paxton and joined by 9 states.  Today’s decision does not affect current recipients and their ability to renew their DACA cases but blocks the government from approving new app

Community Alert: DACA Update

DACA
On July 16, 2021, a Federal District Court in Texas issued a ruling in Texas v. United States limiting the DACA policy and declaring it unlawful.  More detailed information on this decision will be offered in the coming days but for now it is important to understand how today’s ruling impacts the DACA community.    

ILRC Commends Biden Harris Administration Strategy to Promote Naturalization Across Federal Agencies

(Washington)—The Biden Harris Administration’s initiative to promote naturalization across a host of federal agencies is an exciting strategy to expand access to the citizenship process to millions of immigrants.

The Immigrant Legal Resource Center (ILRC) supports the interagency strategy, announced earlier this month by the U.S. Citizenship and Immigration Service (USCIS). This approach is a smart way to ensure federal agencies are all on the same page when it comes to promoting naturalization. 

Cite & Release Messaging Guide
Crimes
Enforcement
As groups across Texas advocate for cite and release policies in their own localities, it has become increasingly important that we utilize values-based messaging in our campaigns. This guide, available in multiple languages, provides messaging recommendations to ensure there is unity in how we talk about cite and release. It provides suggested language to ensure inclusive messaging that uplifts the dignity and humanity of all community members, regardless of criminal history.

July 2021 Updates on Liberian Refugee Immigration Fairness (LRIF) Act
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.

Health and Safety for Young Migrants: Recommendations for Supporting Unaccompanied Youth
Detention
Enforcement
Immigrant Youth
This resource, written by Human Impact Partners in collaboration with the ILRC and others as part of the Dignity Not Detention Coalition, outlines recommendations for what healthy, just, and supportive immigration policy can look like for unaccompanied youth immigrating to the US, without relying on detention or detention-like facilities. Rooted in the stories, experiences, and recommendations of young people who arrived in the US as unaccompanied youth, this resource draws from public health evidence documenting the health harms of detention in large-scale, restrictive settings. It puts forward a vision for ending the current system of detaining unaccompanied minors in harmful settings and for shaping healthy, just, and supportive immigration policy for unaccompanied youth. You can also check this resource for more important information from Human Impact Partners.

Federal Judge Temporarily Blocks Gov. Abbott's Order Restricting Transportation of Migrants

For Immediate Release: August 3, 2021

Contact: media@ilrc.org 

(Austin, TX) -- A federal judge today granted the Justice Department’s motion and has temporarily stopped Texas Gov. Greg Abbott from giving state troopers the authority stop vehicles they believe are carrying immigrants. 

Justice for All? Unfair Outcomes for Non-Citizens in Harris County Criminal Courts
Crimes
Enforcement
Prosecutors
Harris County, home to approximately 1.2 million immigrants, is one of the largest and most diverse counties in the United States. Unfortunately, it also operates an expansive jail system and is an epicenter of immigration enforcement. This report looks at criminal case outcomes before Harris County courts and highlights disparities between U.S. citizens and non-citizens in arrests, charges, bail, case disposition, and sentencing. Through this report, we seek to raise awareness about how non-citizens are unjustly treated in Harris County, and we provide key policy recommendations for stakeholders to take immediate action to address such inequities.

New Report Shows How Non-Citizens in Harris County are Treated Unfairly by Courts; Texas GOP Bail Bill Adds to the Injustice

(Houston, Texas)—A report issued today by the Immigrant Legal Resource Center (ILRC) shows how non-citizens are treated unfairly by the Harris County criminal court system. Unfortunately, a bill supported by Republicans that is being considered in the Texas State Legislature special session will continue this injustice. 

Local Policy Guide to Protect Immigrants
Crimes
DACA
Enforcement
Immigrant Youth
 As attacks on immigrants continue and the DACA program remains in limbo, now more than ever, it is important that local elected officials take bold action to protect immigrants within their jurisdictions. This guide, co-authored by United We Dream, provides examples of local policies that help protect immigrants from deportation by: (1) reducing arrests, (2) protecting constitutional rights, and (3) appropriating local resources wisely.

Probation Agencies and the Deportation Pipeline
Crimes
Enforcement
4.5 million people in America are on probation.  What is probation, and what does a probation officer do?  How are probation departments involved in immigration enforcement?  This short explainer seeks to provide basic information about probation and highlight the nefarious role that many probation agencies take in turning immigrants over to ICE for deportation.

House Passes Senate Budget Resolution Including Pathway to Citizenship; ILRC Says Legalization Should Be Broad and Inclusive

(Washington)—Today the House of Representatives passed a budget resolution that includes a pathway to citizenship.  After years of bold organizing and tireless advocacy, legislators are no longer able to ignore the need to provide relief to millions of members of the immigrant community.  As Congress spends the next weeks developing the details of this policy, the Immigrant Legal Resource Center (ILRC) urges Congress members to remember that the legalization should be broad and inclusive. 

ILRC Comment on USCIS Policy Manual Acquisition Changes
Citizenship and Naturalization
Policy Advocacy
ILRC submitted this comment to commend USCIS on the recent update to the USCIS Policy Manual, entitled “Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes.” We applaud USCIS on this update and clarification, which was necessary to comport with evolving reproductive technology and address disparate treatment under previous guidance. The change will improve the fair interpretation of “wedlock” in acquisition of citizenship cases and help ensure access to citizenship for all who qualify.

Potential Remedies for Immigrant Families After Losing a Family Member to the Pandemic – Widow(er)s of U.S. Citizens, 204(l), and Humanitarian Reinstatement
Asylum
Family-Based
U Visa/T Visa/VAWA
Mortality from COVID-19 meant that many immigrant families grieved over lost family members, and simultaneously were faced with the loss of an immigration benefit that may have depended on the deceased relative. This practice advisory will explore the options that may remain for a surviving relative who has lost someone to COVID-19 where an immigration benefit was also involved. The three possible remedies are: Survivor benefits for widow(er)s of U.S. citizens (USCs) under INA § 201(b)(2)(A)(i); other benefits for certain surviving relatives under INA § 204(l); and humanitarian reinstatement of an approved I-130 petition.