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.

What is the DACA Rule and How Does it Impact Me?
Community Resources
DACA
On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that will incorporate DACA into the Federal Regulations. Since its announcement, several questions have been raised around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This community resource outlines key points for you to keep in mind as you navigate access to DACA now and when the rule goes into effect on October 31, 2022.

APPENDIX - Breaking Down the Policy Categories
The following appendix to the Map of State Laws on Immigration Enforcement provides further details on the 15 individual policy choices we analyzed in comparing the various state laws.  These are listed and explained below, grouped into four generalized categories: 

ILRC Commends USCIS on Extension of COVID Flexibility Policies
Family-Based
Policy Advocacy
ILRC commended USCIS on its recent extension of COVID flexibility policies through October 23, 2022. In addition, we suggested some new COVID-related policies to ameliorate the impact of the pandemic, including longer extensions of time to respond to notices and decisions, adoption of a mailbox rule for filing deadlines, and allowing waivers to proceed despite death of a qualifying relative.

Keep Your Family Healthy: A Shareable Medi-Cal Flyer
Community Resources
Public Charge
Many undocumented immigrants are now eligible for Medi-Cal. Starting January 1, 2024, full-scope Medi-Cal is available to all income-eligible Californians, regardless of immigration status or age.

This bilingual, two-sided flyer is meant to provide a quick overview of eligibility and key notes regarding the healthcare benefit. Included are also links for identifying registration directories as well as a national directory for free or low-cost immigration legal services.

Deferred Action for Childhood Arrivals (DACA) Final Rule Summary
DACA
The final Deferred Action for Childhood Arrivals (DACA) rule was published on August 30, 2022 and is set to go into effect on October 31, 2022. This rule is an attempt to “preserve and fortify” the DACA policy as directed by President Biden’s January 20, 2021, memorandum titled “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA).” This practitioner’s guide delves into aspects of the rule and discusses the future of DACA considering the Texas-led lawsuit challenge to the legality of DACA now pending at the Fifth Circuit Court of Appeals, the current injunction barring the adjudication of initial DACA requests, and what to expect in the future.

Confidentiality Protections for Survivors of Domestic Violence, Human Trafficking and Other Crimes
U Visa/T Visa/VAWA
Because survivors of domestic violence, sexual assault, and other crimes are among the most vulnerable populations in the immigration legal system, numerous laws and policies have been enacted to protect the confidentiality of their information and restrict the disclosure of that information. One source of important protections is codified at 8 U.S.C. § 1367 (Section 1367), which restricts identification of survivors with humanitarian relief claims and disclosure of their information.[1] This practice advisory discusses the ways in which federal law has been designed and implemented to protect information concerning abused immigrants, the policy laid out by U.S. Department of Homeland Security (DHS) agencies, and what advocates can do when the protection provisions are violated.

Rep. Joaquin Castro, Pulitzer Prize Winning Journalist Maria Hinojosa, Honored at 2022 Burton Awards Ceremony

(San Francisco, CA)—Texas Congressman Joaquin Castro and Pulitzer Prize winning journalist Maria Hinojosa were honored at the 2022 Phillip Burton Immigration & Civil Rights Awards for their work to significantly advance the civil rights of all immigrants. The awards ceremony, held on Sept. 14, 2022, was the first time the event was held in person since 2019, due to the COVID-19 pandemic. Named after the late Congressman Phillip Burton, U.S.

Confidentiality of Juvenile Records in California: Guidance for Immigration Practitioners
Immigrant Youth
Removal Defense
California has strict confidentiality laws that govern when and to whom records from dependency and youth justice (delinquency) proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile records. This guide provides an overview of the law and practical guidance for how to handle issues of juvenile confidentiality before USCIS.

AB 32 En Banc Decision at a Glance
Detention
Policy Advocacy
On September 26, 2022, the Ninth Circuit en banc panel held that GEO group was likely to succeed in their lawsuit to find California's private prison and dertention ba (Bonta-AB 32) unconstitutional, and could continue seeking a preliminary injunction to block the law pending further proceedings at the lower court level. This summary provides a review of the Ninth Circuit Court of Appeals’ en banc decision. This legal breakdown was composed by the California Dignity Not Detention Coalition, with special thanks to NIPNLG and Pangea Legal Services.

An Overview of Initial Registration for TPS

Asylum
Removal Defense
Temporary Protected Status
This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time.  It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to file in immigration court and when an eligible individual may qualify for late initial registration.

Introduction to Consular Processing
Family-Based
Consular processing is one of ways an individual can obtain lawful permanent residence. This process is often confusing and daunting to individuals who do not regularly work on these types of cases since the process is completed with a U.S. consulate abroad and involves interaction with several government agencies. This practice advisory provides an overview of the steps involved in a consular processing case and some considerations to keep in mind.

If You Build It, ICE Will Fill It: The Link Between Detention Capacity and ICE Arrests
Enforcement
ICE has built and expanded a massive infrastructure of immigration jails, surveillance programs, and enforcement agents. The current enforcement-centered response to migration, supported by ever-increasing Congressional appropriations, has resulted in hundreds of thousands of deportations each year. Over the last two decades, the budget for ICE’s Enforcement and Removal Operations (ERO), which includes its account for immigration detention, has quadrupled. Prior to the COVID-19 pandemic, detention levels hit historic peaks of more than 50,000 people per day.

Fifth Circuit Court Fails to Fortify DACA, Sends Issue Back to Lower Court to Consider New Rule

(San Francisco, CA)--The Fifth Circuit Court of Appeals on Wednesday failed to fortify the DACA program, and ordered a lower court to review the program in light of the final rule issued by the Biden Administration that is set to take effect on Oct. 31. 

Current DACA recipients can renew their status and apply for advance parole, but the ruling continues to block new applicants from being granted DACA. The Fifth Circuit has urged the lower court to issue an opinion on the final rule as soon as possible.  

Questions for Sheriff Candidates
Enforcement
Sample questions about the sheriff’s policy positions on working with ICE that advocates or community members can use at candidate forums or other meetings. For more background information about sheriffs and their role in the deportation pipeline, see: https://www.ilrc.org/role-sheriffs-and-arrest-deportation-pipeline

DACA Updates FAQ
DACA
On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision in the Texas v United States case. In their decision, the Fifth Circuit agreed with Texas and found that the DACA policy is unlawful but sent the case back to the Southern District of Texas to consider the recently issued final DACA rule. The Fifth Circuit maintained the court order allowing those who are eligible to continue to renew their DACA and apply for advance parole while the case is pending. More changes and updates are expected around the DACA policy as we wait for a decision. This resource is a list of frequently asked questions to help community members navigate the changes to DACA.
Front cover of the report

2022 Annual Report
Each year, the ILRC distributes thousands of copies of our 23 manuals and provides legal assistance on more than 8,100 issues to pro bono and nonprofit advocates, as well as public defenders, through our national Attorney of the Day service. In any given year, our staff attorneys conduct hundreds of trainings, community meetings, task forces, and workshops. In 2022, the ILRC held 286 in-person and online seminars and webinars for over 20,000 attendees and participants. The ILRC also leads meetings and workshops where thousands of immigrants are screened for legal options while learning about their rights and responsibilities in a democratic society. Since 2011, the ILRC, as the lead of the New Americans Campaign, has helped more than 580,000 immigrants complete their applications for naturalization.