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.
12/14/2018
This advisory seeks to provide practitioners with current information about the status of public charge. This information is current as of December 2018. On October 10, 2018, the Department of Homeland Security (DHS) published a proposed rule related to public charge in the Federal Register. The proposed rule is not current law. No new regulation has been implemented and any change will require a...
12/07/2018
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...
12/06/2018
On June 28, 2018, USCIS published new guidance expanding the circumstances in which it will issue a Notice to Appear, placing immigrant applicants in removal proceedings. On November 19, 2018, USCIS began implementation of this new guidance on many forms of humanitarian relief, including U visa, T visa, VAWA, SIJS, I-730s, and related applications. Authored by ASISTA, ILRC, and AILA, these...
12/06/2018
The ILRC strongly opposes the proposed changes to the public charge rule published in the Federal Register on October 10, 2018. You can read our comments to the regulations here.
11/30/2018
In this issue: Public Charge: The Threat America is Not Talking Enough About; The ILRC Introduces its First Andy Grove Immigrants’ Rights Fellowship; In Focus: Big Things Happening in Texas; Field Office Rundown; Joining the ILRC; and our 2017 Program Partners
11/21/2018
This practice advisory provides an update on public charge for advocates providing naturalization legal assistance. The advisory briefly discusses the legal standard for assessing public charge and then discusses how to advise lawful permanent residents looking to naturalize. It covers issues related to the proposed rule on public charge that the Department of Homeland Security (DHS) published in...
11/21/2018
At a time of unprecedented immigration enforcement where the federal government heavily relies on the criminal legal system to target immigrants and their families and communities, prosecutors play a critical role in determining immigrants’ fates in this country. Prosecutors across the country are beginning to recognize the important role they play as gatekeepers to the deportation pipeline. Many...
11/19/2018
On October 10, 2018, DHS issued a notice of proposed rulemaking to drastically change how the agency adjudicates the public charge ground of inadmissibility. The proposal would include the use Medicaid, subsidized housing (including Section 8), and SNAP (Food Stamps) to the types of benefits that count against an intending immigrant in the public charge determination. In addition, the proposed...
11/13/2018
The Department of Homeland Security (DHS) is attempting to transform the fee waiver application process by making it more difficult for individuals to obtain fee waivers when seeking immigration relief. On September 28, 2018, it issued a notice of proposed rulemaking to drastically change the process to request a fee waiver. Most notably, the proposal would remove receipt of means-tested benefits...
11/12/2018
The United States permits individuals who are not U.S. citizens to enlist in the military and, in recognition of their military service, naturalize more quickly. This webinar will provide an overview of the vital role immigrants play in our nation’s military, recent changes to the expedited naturalization process for military service members, and the basics of military and veterans naturalization. It will also present best practices on naturalizing military service members, veterans, and their families.
To access the materials that were used during this webinar, please...
11/09/2018
"An Overview to Special Immigrant Juvenile Status," excerpted from ILRC’s new publication Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth. (Excerpted from Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth .)
11/09/2018
These materials provide guidance for educators and other professionals working with immigrant parents to be able to conduct family preparedness workshops. Family preparedness workshops help families engage in contingency planning for their children, in the event of detention or deportation of a parent. The materials contained here include a script, a sample PowerPoint, and other helpful resources.
11/05/2018
In December 2017, the Department of Homeland Security announced its intent to revoke Employment Authorization Documents (EAD) for H-4 visa holders. A Notice of Proposed Rulemaking is expected to be published in the coming months. We encourage people to oppose this senseless, cruel, and unnecessary rule. This rule will strip work authorization from over 100,000 women, forcing many to choose...
11/05/2018
This practice advisory covers how to prepare consular processing clients for questions at the immigrant visa interview about alien smuggling, receipt of public benefits, drug use, tattoos, and other issues.
10/25/2018
In August 2018, the Board of Immigration Appeals issued a call for amicus briefs to respond to the question of whether an ILRC-sponsored law, California Penal Code 1203.43, effectively vacated convictions for the purposes of federal law. With gratitude for the assistance of Prof. Jennifer Lee Koh, Western State College of Law, and Michael Mehr, the ILRC coordinated 37 other legal services...
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.