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.
10/15/2018
The BIA has held that that it will not give retroactive effect to California Penal Code § 18.5(a) on convictions from before January 1, 2015. It will consider a California misdemeanor conviction from before January 1, 2015 to have a potential sentence of up to one year, while a misdemeanor conviction on or after that date will have a potential sentence of up to 364 days. Having a potential...
10/11/2018
“Sanctuary” policies exist all over the country, but they are under attack from the Trump Administration, which is trying to withhold federal funding. What is the DOJ trying to do, what funding is at stake, and what is the status of all these lawsuits over it? Most importantly, a key federal statute limiting sanctuary policies has been found unconstitutional, which means that sanctuary...
10/05/2018
These three charts outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements,...
10/01/2018
This webinar covers the basics you need to know about how local law enforcement and other agencies work with ICE or CBP, and how to think about who are the likely local targets for organizing. We talk about identifying the key problems in your community, mobilizing important allies, and what kinds of stories can help drive the narrative. Experienced organizers from Juntos in Philadelphia and...
10/01/2018
U.S. Citizenship and Immigration Services (“USCIS”) has made available two immigration options for family members of military personnel: Parole-in-Place and Deferred Action. These policies were set in place to aid those serving in the United States military by protecting eligible family members who reside in the United States. These policies can help family members of military service personnel...
09/28/2018
Thanks to the advocacy of the ILRC, CPDA, CACJ, and the ACLU, on September 27, 2018, Governor Brown signed into law amendments to California Penal Code Section 1473.7. The amendments will take effect January 1, 2019. This advisory contains practice tips for advocates and a detailed discussion about the changes to section 1473.7.
09/28/2018
On May 16, 2018, the California Supreme depublished People v. Landaverde , which had narrowly construed defense counsel’s pre- Padilla duty to advise immigrants about the consequences of a criminal conviction. The ILRC and Mike Mehr filed the request to depublish which was cosigned by 13 public defender offices, 8 immigrant rights and criminal justice groups; and 9 immigrant rights and criminal...
09/28/2018
The ILRC is proud to stand with 30 of our partners in the criminal justice reform movement to release this report, Repairing the Road to Redemption in California . Our report is part of a national effort, called #TimeDone, to raise awareness of how many people are affected by the barriers associated with convictions and the extent to which they undermine, economic security, family stability, and...
09/27/2018
In June 2018, the U.S. Attorney General issued Matter of A-B- , 27 I&N Dec. 316 (A.G. 2018), which threatens the viability of asylum claims by domestic violence survivors and others who have faced persecution by private actors. In addition to the harmful legal rhetoric in the decision about the nature of domestic violence, Matter of A-B- also highlights the Trump administration’s broad and...
09/19/2018
This article is an updated guide to selected California offenses that discusses precedent decisions and other information showing that the offenses avoid at least some adverse immigration consequences.
09/17/2018
This resource, co-created by the ACLU and ILRC, discusses the Trump administration's denaturalization operation and describes the process of denaturalization, who the targets are and the number of cases as well as the historical context for these efforts.
09/11/2018
As of January 2018, the California Values Act (SB 54) is the law in California. This sweeping legislation curtails the role of state and local police agencies in federal immigration enforcement. This webinar, tailored to criminal defenders, will provide an overview of the Act’s major provisions and how to incorporate this new law into your defense practice. If you are interested in accessing the...
09/11/2018
Understanding Local Law Enforcement Involvement in Deportations The federal immigration system continues to expand and grow more punitive, and its impact depends in large part on the voluntary time and resources of local governments and law enforcement agencies. There is no legal obligation for localities to use their resources to help with immigration enforcement. Some local and state officials...
08/31/2018
In Lorenzo v. Sessions (Aug. 29 2018), the Ninth Circuit ruled that the California definition of methamphetamine punishes offenses that are not punished on the federal schedule of controlled substances. Because the California statute is “overbroad,” the court determined that no California conviction for methamphetamines could fall within the controlled substances ground of removability. This...
08/31/2018
For years, the ILRC has published a free chart detailing California crimes and their immigration consequences. Older charts are frequently used by post-conviction practitioners to establish the prevailing professional norms at the time of a conviction. These charts no longer contain accurate law and should not be relied upon for the status of the current immigration consequences of criminal...
08/31/2018
This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend...
08/31/2018
USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an...
08/31/2018
The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had...
08/28/2018
While the recent border crisis has highlighted how children migrating with a parent to the U.S. can be separated and detained alone by the federal government, over the last few years, there have been unprecedented surges of unaccompanied children (UC) migrating to the U.S. without a parent or legal guardian. For example, in 2012, 13,625 UCs were placed in federal immigration detention compared to...
08/14/2018
Understanding 287(g) Agreements 287(g) agreements (also known as “287(g) contracts” or “287(g) programs”) receive their name from Section 287(g) of the Immigration and Nationality Act (INA). Becoming law in 1996, section 287(g) provides that state and local law enforcement departments may voluntarily enter into a formal contract with Immigration Customs and Enforcement (ICE) under a joint written...
08/08/2018
The DOJ created new conditions for state and local recipients of Byrne Justice Assistance Grants and other federal grants, in an effort to prevent jurisdictions with certain sanctuary policies from receiving any funds. Several federal courts have found these requirements to be unconstitutional, and ordered the DOJ to distribute the grants to sanctuary cities such as Chicago and Philadelphia. This...
08/06/2018
Since the inauguration of President Trump, three separate documents related to “public charge” have been leaked. The most recent document was a draft proposed regulation circulated in the press in March 2018. A proposed regulation seeking to make major changes to existing public charge law is expected to be published this summer in the Federal Register, yet no new regulation has been implemented...
07/24/2018
Summaries of key court decisions analyzing the legal and constitutional problems with ICE detainers and the liability of local agencies who hold individuals based on ICE detainers.
07/24/2018
Overview of ILRC’s Freedom of Information Act (FOIA) Request Since 2013, the Immigrant Legal Resource Center (ILRC) has been tracking policies dealing with the various ways in which state and local law enforcement is entangled with the Department of Homeland Security (DHS) in deporting members of immigrant communities. In November 2016, we received data from a FOIA request to DHS that provided...
07/20/2018
Every year, millions of people wait for Congress to advance a solution that would provide stability for undocumented persons and their families. The numbers left waiting and worrying without a pathway to citizenship, protection from deportation, or the ability to work under the Trump Administration has only increased with the limitations on the Deferred Action for Childhood Arrivals (DACA)...