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.

ILRC, NIPNLG, and AILA Letter to OPLA re: 1473.7 vacaturs
Crimes
Post-Conviction Relief
The ILRC and partner organizations submitted the attached letter and BIA case summary to OPLA leadership, clarifying that vacaturs issued pursuant to California Penal Code § 1473.7(a)(1) correct legally and procedurally defective convictions, meeting the standard set forth in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003).

TPS and Asylum: Can I Apply for Both?
Asylum
Community Resources
Temporary Protected Status
Two immigration statuses that may overlap are Asylum and Temporary Protected Status (TPS) because they both help people who are afraid of returning to their home country. While these two are different in a few ways, it is useful to know what each option offers and that applying for both is allowed, so long as an applicant is eligible. This brief guide delves into the ways these two options might intersect and what to keep in mind as individuals consider each type of status.

Deferred Action and Work Permits for Young People with Special Immigrant Juvenile Status (SIJS)
Community Resources
Immigrant Youth
On March 7, 2022, U.S. Citizenship & Immigration Services (USCIS) announced a new policy that applies to young people who have been granted Special Immigrant Juvenile Status (SIJS) but are not yet able to become a green card holder because they are waiting for a visa to be available (“the visa backlog”). The new policy, which goes into effect May 6, 2022, provides for young people stuck in the visa backlog to be granted deferred action, which will allow them to apply for work authorization. This guide addresses some questions the community may have about this recent change.

Update on DHS Enforcement Priorities Litigation (July 2022)
Enforcement
Another federal court has issued an injunction against DHS enforcement policies. Below is a quick summary to help you keep up. This court order does not change current policies as much as you might think. You can, and should, continue to advocate for prosecutorial discretion for your clients and community members.

2022 Case Update: Domestic Violence Deportation Ground
Crimes
U Visa/T Visa/VAWA
The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Ending Racist Title 42 Order is Only First Step in Helping Asylum Seekers

(Washington)—The Immigrant Legal Resource Center (ILRC) welcomes the end of the racist Title 42 order put in place by the Trump administration to punish asylum seekers—the ‘Remain in Mexico’ program also must be scrapped as well. 

“Title 42 heaped more cruelty and hardship on immigrants seeking refuge from unspeakable tragedy and pain,” said ILRC Policy Director Sameera Hafiz. “More than 1.7 million migrants were denied entry into the U.S. under Title 42, forcing many back to the dangerous conditions they were escaping.” 

Immigrant Legal Resource Center Praises House Passage of the MORE Act

(San Francisco, CA)—The Immigrant Legal Resource Center (ILRC) praised the U.S. House of Representatives for passing the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. This bill would offer tremendous relief to immigrants because it would end federal marijuana prohibition, address the collateral consequences of federal marijuana criminalization, and take steps to ensure the legal marketplace and employment in the industry is diverse and inclusive. 

Advance Parole for DACA Recipients
Community Resources
DACA
Currently, individuals who have Deferred Action for Childhood Arrivals (DACA) can request and travel with Advance Parole. DACA recipients can request Advance Parole for humanitarian, employment, and education reasons. To qualify, DACA recipients will need to demonstrate that their need to travel falls within one of these categories. This community resource provides an overview of travel with Advance Parole and gives some examples of what may qualify. 

ILRC’s USCIS Policy Manual Priorities
Citizenship and Naturalization
Family-Based
Policy Advocacy
The ILRC submitted these recommended priorities to USCIS for improvements to the USCIS Policy Manual. This letter follows our list of USCIS Policy Manual recommendations provided to USCIS on September 2, 2021 (available here: https://www.ilrc.org/sites/default/files/resources/ilrc_uscis_pm_suggestions.pdf). While every change we suggested is important, a few have become more urgent as they are needed immediately to prevent further erroneous denials of benefits to immigrants and unnecessary chilling effects. The following priorities were gathered after conversations with partners across the country, and in direct response to requests from immigration practitioners and community members who are seeing benefits denied in the meantime. Furthermore, these changes will help rectify the Trump administration’s policies, increase access to immigration benefits, and reduce backlogs.
First page of this resource features a sheriff's bade with mud on it with the words "Operation Lone Star" in the badge.

Operation Lone Star: The Cost of Funding Hate
Crimes
Enforcement
In Texas, Black and Latinx migrants are being harmed by Operation Lone Star- an unconstitutional and racist law enforcement operation that is criminalizing migrants who are seeking safety in the U.S. border. Operation Lone Star is a complex scheme involving multiple law enforcement agencies in the state. This comprehensive resource explains how Operation Lonestar is being implemented and funded, explains why this operation is illegal and unconstitutional, highlights how this scheme expands the carceral and enforcement systems, and how it’s harming entire border communities.

10 Organizations Urge DHS Office of CRCL to Investigate Houston Asylum Office's Mishandling of Credible Fear Interviews

WASHINGTON, D.C. - Today, 10 organizations filed a complaint with the Department of Homeland Security Office of Civil Rights and Civil Liberties (CRCL) calling for an investigation of the Houston Asylum Office’s handling of Credible Fear Interviews (CFIs) for asylum seekers.

ILRC, AILA, and AIC Comment to USCIS on G-639 FOIA Revisions
On May 5, 2022, ILRC, AILA, and AIC jointly filed a comment to USCIS’s revisions to the G-639 FOIA Request form. We suggested changes to the proposed revisions to the Form G-639 Instructions regarding the online filing of FOIA through the agency’s FIRST system. The online system should not require country of birth and other identity information that is not needed in filing a written G-639 request. Also, the Instructions should clearly state FIRST is one option among others for submitting a FOIA request.

Judge’s Decision to Keep Racist Title 42 in Place Punishes Asylum Seekers

(Washington)—A Louisiana federal judge’s decision today to block the Biden administration’s plans to phase out the racist Title 42 policy continues to punish asylum seekers and pushes an extremely dangerous anti-immigrant agenda. 

“Title 42 has had a catastrophic effect on asylum seekers,” said Sameera Hafiz, Policy Director for the Immigrant Legal Resource Center (ILRC). “More than 1.8 million migrants have been denied entry into the U.S. under the policy, forcing many back to the dangerous conditions they were escaping.” 

VAWA Self-Petition Policy Updates (June 2022)
U Visa/T Visa/VAWA
On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory contains short summaries of USCIS’s VAWA Self-Petition policy changes.

ILRC Comment on I-765 Information Collection Activities
Civic Participation
Policy Advocacy
On June 6, 2022, the ILRC submitted a comment on USCIS Form I-765, Application for Employment Authorization.  The comment encourages USCIS to amend the form to be shorter, to eliminate unnecessary questions, and to provide clarification where needed. The comment also asks USCIS to withdraw the discretionary factors used to adjudicate the form.

Pros and Cons of Applying for a U Visa
Crimes
U Visa/T Visa/VAWA
This advisory lays out some of the main “pros” and “cons” to applying for U nonimmigrant status for crime victims as they exist now, to help prospective applicants weigh the benefits and risks of applying. “Pros” include direct benefits of temporary lawful status, employment authorization, protection from removal, a pathway to a green card that is not barred by almost any grounds of inadmissibility, and the ability to help family members obtain immigration status. Additional “pros” include special confidentiality provisions, eligibility for public benefits, eligibility for the Central American Minors program, and special consideration by ICE, among other collateral benefits. “Cons” include very long processing times and vulnerability to divergent discretionary decisions during fluctuations in enforcement priorities and other policies in the many years it takes to get a decision.

ILRC Commemorates Ten-Year Anniversary of DACA Program But Remains Committed to Fighting For More Full and Permanent Solutions

(San Francisco, CA) --Today marks the ten-year anniversary of the Deferred Action for Childhood Arrivals (DACA) policy.  DACA was won through the leadership and organizing of undocumented youth, who often risked everything to fight for dignity and inclusion. DACA has provided stability to more than 830,000 individuals and continues to benefit over 611,000 people today. DACA recipients have been able to pursue higher education, secure employment, advance their careers, travel abroad to visit their home communities, and contribute to their families’ and communities’ well-being.

Supreme Court Dismisses GOP-led Lawsuit’s Attempt to Defend Trump-era Public Charge

(San Francisco, CA)—The Supreme Court’s decision today to dismiss an effort by 13 GOP-led states to intervene in a federal lawsuit to defend the Trump-era public charge rule, after the government dropped its defense of the rule, is a victory for immigrant families seeking essential health care coverage, housing, food programs, and many other vital services, the Immigrant Legal Resource Center (ILRC) said.  

ILRC Advocacy Letter on Oath Waiver and Accommodations for Naturalization Applicants with Disabilities
Citizenship and Naturalization
The ILRC wrote to USCIS advocating for changes in the USCIS Policy Manual on requirements for naturalization oath waivers and accommodations. USCIS’s Policy Manual guidance unnecessarily restricts oath waivers to person who have certain U.S. citizen relatives or a court-ordered legal guardian or surrogate, a requirement that does not exist in statute or regulation. 

Naturalization for Persons with Disabilities
Citizenship and Naturalization
Policy Advocacy
This advisory describes the various ways that persons with disabilities can navigate the naturalization process, including requesting accommodations, seeking an N-648 disability waiver of the English/civics requirement, and applying for an oath waiver. The advisory describes recent changes to the USCIS’s policy manual and upcoming changes to the N-648.