Areas of Expertise

In recent months, the Department of Homeland Security has begun filing thousands of motions to recalendar administratively closed proceedings. This trend is raising questions about how attorneys and accredited representatives can respond to these motions and protect their clients’ interests, particularly in cases that have been administratively closed for many years. This advisory explores those questions and offers strategy considerations when determining how to proceed in each case.

This tool offers a template that practitioners can use to help identify possible asylum eligibility. The screening questions are intended to elicit information about the basis of an asylum claim, identify possible bars and challenges, and flag areas where further follow-up may be needed. Accompanying the screening tool are some notes to help guide practitioners in assessing relief and spotting potential issues.

This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany a motion to reopen based on ineffective assistance of counsel so that the motion has the best chances of success. Finally, it briefly discusses the option of filing an appeal if the immigration court or the BIA denies the motion to reopen.

The Immigration Legal Resource Center (ILRC) has developed a comprehensive framework to enhance its engagement with directly impacted community members. This framework is designed to systematically involve these individuals in the ILRC’s activities, ensuring that their voices and experiences are central to our work.

The ILRC has published its 2024 Annual Report, which includes information about the initiatives the organization took that year, as well as the organization's financial position.

The ILRC has published its 2024 Annual Report, which includes information about the initiatives the organization took that year, as well as the organization's financial position.

The Freedom of Information Act is a law that established the right of public access to certain executive branch information from the federal government. This step-by-step guide helps advocates and community members better understand how to make such requests to attain data about themselves or others from USCIS.

This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.

Let ICE know that you’re aware of your rights!

The ILRC has prepared free, downloadable signs to help you let your local communities know that you stand with them! Tell ICE that you are prepared to defend your guests, patrons, students, patients, or clients from unlawful entry or intimidation.

Given the Trump administration’s vow to carry out mass deportations, ICE has already expanded its enforcement actions and gotten increasingly aggressive about its tactics. But advocates should be aware that there are legal protections against these abuses of power. These protections from unfair and unlawful actions come from court battles that have been litigated and won. Knowledge is power and knowing these cases will be a powerful tool to have if ICE oversteps and violates immigrant’s rights.

Step by step explanation for criminal defense counsel of how to identify ICE detainers that may be issued in violation of the Gonzalez v. ICE class action. This class action settlement applies nation-wide to limit ICE’s issuance of detainers. This advisory walks through the basics of the case and how to monitor and respond to any violations of the settlement.

Despite the real risk of Immigration & Customs Enforcement (ICE) visiting someone’s home, below is the primary pathway in which most vulnerable immigrants will find the highest risk of deportation. This infographic maps out the United States’ arrest-to-deportation pipeline and offers a glimpse of the multiple ways immigrants can be pushed into removal proceedings, from initial contact with law enforcement to immigration detention. Because there are regional differences in local law enforcement policies, variances in which cities participate in federal immigration enforcement programs, and new state-specific laws that serve the deportation machine, this infographic is NOT exhaustive.

A flyer that outlines 5 key reminders about your constitutional rights when confronted by Immigration and Customs Enforcement (ICE).
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Un folleto que describe 5 recordatorios clave sobre sus derechos constitucionales cuando se enfrente con agentes de inmigración (o ICE, por sus siglas en Ingles).

On April 11, 2025, the new Form G-325R took effect as a general tool to register all previously unregistered noncitizens under an antiquated and rarely invoked provision of the Immigration & Nationality Act, with criminal penalties for willful failure to register. This advisory was written to assist attorneys in discussing registration and the new Form G-325R with clients, including screening for prior registration and assessing the potential consequences of registering or not registering, so that individuals can make informed decisions about how to proceed in light of this new rule.

ICE’s form for requesting advance notice when someone will be released from custody. ICE uses this when they lack probable cause to issue a detainer, but want the jail to transfer the person to ICE custody anyway.

This resource compares immigration enforcement in Texas before Trump’s inauguration on January 20, 2025 with the policies Trump has instituted since he has taken office. Our analysis shows that Governor Abbott’s immigration enforcement policies led the way for Trump’s actions. Texas has served as experimentation grounds for hateful and sweeping immigration enforcement policies which were quickly adopted by Trump 2.0 for the national level and have also infected other states who have enacted Texas copycat laws and policies. Our analysis below is a mere snapshot of the Texas and federal immigration enforcement policies that are currently in place.

Tracking all the tactics this administration is deploying to target immigrants is overwhelming. In this document, we attempt to summarize some of the key ways the Trump administration is shifting policies and practices to surveil, arrest, detain, deport, and silence immigrants and the people who support them. We do not name every shift; rather, we focus on the weaponization of the criminal legal system, the increasingly authoritarian approach, and the role of the federal budget, which are key tools of the Trump administration’s brutality and also vital sites of advocacy needed to stem the tide.

The IJ roundtable, composed of 71 former Immigration Judges and former Board Members and Appellate Immigration Judges of the Board of Immigration Appeals issued a letter highlighting their concerns about HB 1554 and the importance of having legal counsel in immigration proceedings.

The Department of Homeland Security (DHS) is proposing to change several forms by adding questions about an applicants’ family members, old email addresses and phone numbers and social media account information. The collection of information goes far beyond what the government needs to adjudicate these applications. The information in this resource discusses what the changes are and how to submit a comment.

A primer on how ICE uses administrative subpoenas to circumvent local sanctuary laws, from the Benjamin N. Cardozo School of Law and ILRC. This brief explainer discusses the nature of ICE subpoenas, how they are used, and the legal issues involved.

The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O-, along with policy changes implemented during the first Trump administration, sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial UC asylum jurisdiction has changed. This practice advisory provides an overview of the current state of UC asylum jurisdiction following the Matter of M-A-C-O- decision and the outcome of the JOP v. DHS litigation. It also offers some arguments and practical tips to help practitioners advocate for their UC clients to receive the statutory protections afforded by the TVPRA, as well as the benefits from the JOP v. DHS litigation.

Permanent residents have many rights and benefits.

Permission to live and work in the United States
Eligibility for certain public benefits
Right to travel within the United States and abroad

Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status—only an immigration judge can take away your permanent residence. Permanent residents should carry their green card (or at a minimum a copy of it).

Many people who were granted parole to enter the United States, or received a parole document at or after entry, are receiving notices saying that their parole status, and any work permit related to it, is being terminated.
 
While the notice says you should depart immediately, you may be entitled to pursue applications for immigration benefits or the right to stay. Many people who have already filed applications or are in court have permission to remain in the U.S. while those cases are pending. In some instances, these notices were issued in error. If you have received this notice, you should speak to a trusted immigration legal services provider about your options.

On April 14, 2025, a federal judge blocked the termination of parole for those that came under a parole program from Cuba, Haiti, Nicaragua, or Venezuela, for those whose parole was terminated with a general notice without any reasons that are specific to your case. If you fit this category and received a generic notification by email or through your USCIS online account, your parole remains valid.  If you are not sure whether you fit this category, speak with a trusted legal services provider. Stay in touch with a trusted legal organization, there will be updates.

The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.