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.
03/30/2021
ILRC submitted these comments on December 18, 2020 to oppose the administration's dramatic expansion of USCIS guidance on how to assess whether someone has a “lawful admission” for purposes of naturalization eligibility under INA § 318. The updated policy guidance is an unwarranted directive to officers to engage in extreme vetting and unnecessary scrutiny of all naturalization applicants.
03/29/2021
The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period...
03/26/2021
In the summer of 2020, the Department of Homeland Security (DHS) published two regulatory rules relating to eligibility for employment authorization documents (EADs) for individuals with pending asylum applications. Both rules went into effect in August 2020. This advisory provides a summary of the rules and the preliminary injunction currently in effect for members of Casa de Maryland (CASA) and...
03/24/2021
This practice advisory from the ILRC, NIPNLG, and IDP advises criminal defense attorneys on new immigration enforcement policies and how to use the new guidance to defend clients in criminal proceedings.
03/24/2021
The ILRC’s DACA Team has put together a page-by-page form guide for anyone looking to apply for Deferred Action for Childhood Arrivals (DACA) as an initial request. This annotated community resource provides insights into many of the questions asked of recipients when completing the forms needed to make up a complete application packet (forms I-821D, I-765, and I-765WS). As stated in the document...
03/24/2021
On March 16, 2021, ILRC and seven other coalition members of the Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted recommendations to the Administration and USCIS leadership for equitable implementation of LRIF. The group requested a meeting with the government to discuss these recommendations.
03/23/2021
ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies...
03/23/2021
This practice advisory provides a comprehensive overview of advance parole and the requirements and suggestions to successfully apply under the DACA program. We also cover some of the risks to consider before traveling outside the United States, including prior removal orders, common grounds of inadmissibility, unauthorized travel, and COVID-19 protocols.
03/19/2021
In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance. [i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a dozen types of immigration benefits, including many categories of employment authorization, adjustment...
03/16/2021
ILRC submitted these comments on March 16, 2021 to oppose the numerous unnecessary and burdensome changes that former President Trump's administration proposed in the last few days of his presidency, as well as to propose some further changes that President Biden's administration could take to streamline the application process and eradicate barriers to naturalization.
03/16/2021
The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for...
03/12/2021
With USCIS now accepting requests for DACA from individuals who have never had DACA, it's VITAL that we understand how to put our best foot forward when compiling evidence documents and application forms. In this video Staff Attorney Veronica Garcia and Legal Outreach Coordinator Abraham Bedoy walk through everything you need to know to prepare to submit your initial application packet! NOTE:...
03/05/2021
This timeline provides a quick, visual summary of the changes to public charge policy at the Department of Homeland Security (DHS) and the Department of State (DOS) from January 2018 through February 18, 2021.
03/04/2021
We previously circulated a sample brief, Using and Defending PC 1473.7 Vacaturs . But, at times, DHS continues to object to 1473.7 vacaturs. Thanks to Pangea Removal Defense Attorney Luis Angel Reyes Savalza for agreeing to share his recent redacted response to DHS opposition. This briefing includes a response as to why the 2019 amendments to 1473.7 do not, in fact, turn the statute into a...
03/04/2021
C alifornia immigrants who file taxes may now receive cash from the California Earned Income Tax Credit ( CalEITC). During COVID-19, immigrant families need support, and filing taxes may mean cash benefits for qualifying families. This community resource is designed to help answer the most common questions immigrant communities may have on the CalEITC. For more information on the CalEITC, visit...
03/02/2021
Gonzalez v. ICE is an important class action lawsuit raising fundamental questions about ICE enforcement practices, in particular the use of federal databases to target people for immigration detainers and arrests. This advisory explains the latest developments in the federal courts and how advocates can use these legal theories to defend their clients and communities.
02/26/2021
Despite new state laws legalizing cannabis for recreational use, archaic U.S. drug laws still classify marijuana as federally illegal. Because immigration is governed by federal law, this means that noncitizens may face serious problems down the line if they are not aware of how their experiences with cannabis could impact their immigration journey. This video and accompanying infographic detail...
02/22/2021
Despite attempts to alter our broken immigration system, the Biden administration has made it clear that it intends to continue to surveil our immigrant communities. This resource provides an overview of one crucial aspect of ICE’s surveillance apparatus—Automated license plate readers (ALPR)—a form of surveillance technology that threaten the privacy and safety of our communities. By using ALPR...
02/19/2021
This resource briefly reviews the February 18, 2021 interim ICE Memo issued by Acting Director Tae Johnson regarding how ICE will carry out DHS enforcement priorities. The new ICE guidance, effective immediately, will remain in effect until DHS Secretary Alejandro Mayorkas issues new DHS enforcement guidelines. This resource covers applicable enforcement actions, a review of the described...
02/18/2021
Certain criminal convictions are bars to eligibility for DACA. However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a state statute, based on the fact that the person completed probation or other requirements, or for...
02/17/2021
What are sheriffs, what powers do they have, and how are they involved in immigration enforcement? This short fact sheet helps explain the role and power of sheriffs and their engagement with ICE.
02/15/2021
02/05/2021
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- , as well as policy changes by the Trump administration have sought to strip away this crucial protection from many child asylum seekers. Because of these changes...
01/29/2021
This one-pager goes over basic Know Your Rights information for immigrants incarcerated in California prisons. It includes suggested contact information for families and community members in need of immigration screening.
01/29/2021
This practice alert provides a brief summary of temporary changes U.S. Citizenship and Immigration Services (USCIS) has made in response to COVID-19. Changes include plans for reopening USCIS facilities after suspending all in-person services, including interviews and biometrics appointments, from March 18 to June 3, 2020; automatic extensions for Requests for Evidence (RFEs), Notices of Intent...