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 ICE’s Victim-Centered Directive
Crimes
Enforcement
Immigrant Youth
Removal Defense
U Visa/T Visa/VAWA
This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in various circumstances exercise prosecutorial discretion in favor of noncitizen survivors of crime as part of their decisions to arrest, detain, release, and refer noncitizens.

Practice Advisory: Post-Conviction Relief Motions to Reopen
Crimes
Post-Conviction Relief
Removal Defense
This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.

Inhumane Policies at Texas Border Contributed to Migrants Deaths

(San Antonio, Texas)—The Immigrant Legal Resource Center (ILRC) offers its deepest condolences to the families of the nearly 50 migrants whose lives were lost in a tractor-trailer on Monday in San Antonio, Texas. The ILRC stands in solidarity with partner organizations working to dismantle the anti-immigrant and racist policies put in place by Texas officials. We also call for an end to policies including Title 42 and ‘Migrant Protection Protocols (also known as Remain in Mexico) that are causing great harm to asylum seekers. 

Advocating for and Representing Clients with Mental Illness in Detained Immigration Removal Proceedings
Asylum
Detention
Removal Defense
Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present their case.

Identifying Issues for a BIA Appeal
Asylum
Removal Defense
Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decisions by Immigration Judges (IJs) and identifying issues to raise on appeal to the BIA. The goal is to equip practitioners with a framework to look for errors where the IJ has denied relief or otherwise ordered removal.

Comment thanking USCIS for the 540 day auto-extension for pending EADs
The ILRC submitted a comment to USCIS in support of the agency’s temporary increase of 540 days for the validity periods for Employment Authorization where an EAD renewal application is pending. This move will help provide financial stability for those who rely on authorization for employment and are currently stuck waiting in long processing backlogs.

Comment on the N-600K
The ILRC submitted a comment to USCIS requesting that USCIS clarify who may file an N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, and to prioritize applications for children who are close to turning eighteen and aging out of elibiblity for citizenship under INA Section 322.

As a Federal Court Heard Arguments on the Program, the Biden Administration Can and Must Continue Making DACA Available

(San Francisco, CA)—The Immigrant Legal Resource Center (ILRC) is demanding that the Biden administration use its authority to protect the DACA policy, expand it beyond its current parameters and come up with creative solutions now to give relief to all immigrant youth. The administration cannot wait until the 5thCircuit Court of Appeals hands down its decision on a case heard today vigorously contesting a Texas federal judge’s declaration last year that DACA is unlawful. 

Overview of California Post-Conviction Relief for Immigrants
Crimes
Post-Conviction Relief
Removal Defense
Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-conviction relief (PCR).  This Advisory can help advocates to identify which of these forms of California PCR may help your client, and direct you to more resources about how to obtain it.

Defending 1473.7 Vacaturs: Merits, Amicus, and Sample Briefs
Crimes
Post-Conviction Relief
Removal Defense
In 2016, California enacted California Penal Code § 1473.7, a post-conviction relief vehicle allowing people no longer in criminal custody to vacate legally defective convictions. Ever since, the ILRC has supported advocates to implement this law, including helping to defend the vacaturs from DHS attempts to erode its impact. In Arias v. Garland, a case currently pending before the Ninth Circuit, the court will decide whether 1473.7 should be given full effect, erasing the conviction for immigration purposes. The ILRC helped coordinate Mr. Arias’s amicus strategy and we offer his redacted merits brief as well as the extraordinary amicus briefs submitted in support so that they might help practitioners facing similar arguments. The briefing in the Arias case represents some of the most robust arguments for why 1473.7 vacaturs should be recognized, but we also include below the various prior briefs, advisories, and sample materials we have developed in the defense of the full reach of 1473.7.

Lists of ILRC Policy Wins
Policy Advocacy
These are two archived lists of policy wins the ILRC has been involved with: at a statewide level (particularly in California), and also at a national level through advocacy with U.S. Citizenship and Immigration Services (USCIS). 

Comment on Form N-400, Application for Naturalization
Citizenship and Naturalization
On July 14, 2022, the ILRC submitted a comment to USCIS about Form N-400, Application for Naturalization. ILRC requested that USCIS revise Form N-400 to be shorter and to request information that is only relevant to eligibility for naturalization. ILRC also encouraged USCIS to do away with its practice of re-adjudicating underlying forms at the naturalization stage – a practice that is burdensome in time and resources and discourages eligible Lawful Permanent Residents from engaging with the naturalization process.

The ILRC Stands With Immigrant Communities Harmed by Supreme Court’s Political Decision on Immigration Enforcement

(Washington)—Yesterday, in yet another unabashedly political decision, the Supreme Court ruled 5-4 to keep a Texas judge’s nationwide order blocking President Biden’s guidance for determining immigration enforcement priorities intact.   

Burton Past Honorees
The Immigrant Legal Resource Center proudly honors outstanding individuals for their work on behalf of immigrants. Named after the late Congressman Phillip Burton, U.S. Representative from California (1964-1983), the awards recognize those who carry on Congressman Burton’s legacy in support of immigrant and human rights. The awards were created with the help of John L. Burton, former Chairman of the California Democratic Party. Phillip Burton’s brother, John Burton currently serves on the ILRC Advisory Board and was presented with the 2004 Phillip Burton Award for Lifetime Achievement in Immigration & Civil Rights. Through the Phillip Burton Awards, the ILRC honors those whose work in the areas of policy, advocacy, and lawyering has significantly advanced the civil rights of immigrants.

Lawmakers & Coalition of Advocates Urge CA Legislature to Pass the CA IDs For All Bill – AB 1766

LOS ANGELES, CA – California State lawmakers, Asian Americans Advancing Justice - California, California Immigrant Policy Center (CIPC), Immigrant Legal Resource Center (ILRC), and the Coalition for Humane Immigrant Rights (CHIRLA) are calling on the CA legislature to pass AB 1766, which will expand access to state-issued identification cards to undocumented nondriver residents. 

California Legislature Approves a Bill Addressing the Impact of Drug Convictions on California Residents

Los Angeles, CA –The California State Legislature has passed AB 2195, a first of its kind measure to prevent California residents from facing some of the worst collateral consequences of drug convictions, including federal immigration consequences, in light of a recent U.S. Supreme Court’s decision in Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021).

CA Public Benefits for Noncitizens
Community Resources
Public Charge
In California, there are several state and local programs that help California families, including immigrants, meet their basic needs. These programs often play an important role by extending benefits to immigrants who are not eligible for federal benefit programs. This resource gives an overview of some of the public benefits that are available to immigrants in California to access education, healthcare, food assistance, and other important necessities.

ILRC Commends USCIS on the Recent USCIS Policy Manual Additions Clarifying Guidance on the Unlawful Presence Bars
Family-Based
Policy Advocacy
Temporary Protected Status
ILRC commends USCIS on the recent USCIS Policy Manual additions clarifying guidance on the unlawful presence bars. We further thank USCIS for rescinding Matter of Z-R-Z-C and updating its interpretation on the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries. These changes will benefit affected applicants significantly, create clarity and consistency across adjudications, and help USCIS achieve its overall mission to uphold America’s promise as a nation of welcome and possibility.

Biden Administration’s New DACA Rule Fails to Meaningfully Fortify DACA

(Washington)—The Immigrant Legal Resource Center (ILRC) is calling on the Biden administration to meaningfully fortify the DACA program, as promised by President Biden. Today, the federal government published a new DACA rule, and the Department of Homeland Security (DHS) will continue to accept and process DACA renewal applications. However, the administration’s new rule represents yet another missed opportunity to protect immigrant communities.