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.
01/08/2021
This resource is designed to help guide individuals gather the documents needed to file a Violence Against Women Act (VAWA) self-petition. The guide provides information for individuals as they begin to gather needed documentation and evidence for their filings. Note that the guide is not a comprehensive explanation of the law or its requirements, but instead a user-friendly resource meant to...
01/08/2021
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 January 8, 2021.
01/06/2021
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...
01/04/2021
Enacted on December 20, 2019, the Liberian Refugee Immigration Fairness (LIRF) act began a program that will allow many Liberians living in the United States to apply for permanent residence. The statute originally had a one-year application window that ended on December 20, 2020, but Congress extended the application period another year to December 20, 2021 in the Consolidated Appropriations Act...
12/23/2020
As new applicants begin to set their sights on initial DACA requests, there are several questions worth asking and steps worth taking to prepare productively. This guide is designed to walk community members through eligibility and process for submitting an initial application for deferred action and employment authorization. For information on submitting a renewal DACA application, please visit...
12/22/2020
On November 14, 2020, a U.S. District Court found that the U.S. Department of Homeland Security (DHS) memorandum issued in July 2020 limiting the DACA program was invalid. This decision restored the DACA program to its original 2012 form and opened up the possibility for first-time applicants, restored two-year renewals, and allowed for DACA recipients to submit advance parole applications. These...
12/22/2020
On December 22, 2020, the ILRC submitted comments in opposition to EOIR’s notice of proposed rulemaking regarding what constitutes “good cause” for a continuance in removal proceedings. The proposed changes severely restrict the circumstances in which respondents can obtain continuances in removal proceedings, as well as the number and length of continuances. These changes will have a devastating...
12/21/2020
TPS recipients from six countries face potential termination of that protection from the Trump Administration, potentially impacting approximately 300,000 people. This resource provides an update on the current status of TPS for these countries and what rights and options beneficiaries have. It also outlines what they might expect as a result of legal challenges to the termination and under a new...
12/21/2020
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 recent policy changes by the Trump administration have sought to strip away this crucial protection from many child asylum seekers. Because of these...
12/18/2020
This practice advisory explains the various immigration consequences of a conviction for Assault under Texas Penal Code § 22.01 and provides tips for mitigating such consequences in criminal proceedings. It is geared towards immigration attorneys and advocates representing or advising clients with prior or pending Texas assault charges.
12/17/2020
Individuals applying for admission to the United States or adjustment of status are subject to the public charge ground of inadmissibility unless they fall into categories that are exempt from public charge or are not subject to this ground of inadmissibility. This advisory provides an overview of the statutory and regulatory exemptions to public charge inadmissibility and the forms of relief a...
12/16/2020
ILRC filed comments opposing USCIS’s changes to discretion in adjustment because they violate existing case law. The changes represent an attempt to impose new eligibility requirements that are also a violation of the Administrative Procedure Act (APA) because they went into effect without the required regulatory notice and comment process. The agency has provided no explanation for this abrupt...
12/15/2020
On December 4, 2020 a federal judge ordered the Department of Homeland Security to fully restore the original DACA Program. Allowing for the continuation of renewals, and opening the program to first time applicants. This resource is a summary on what this means for the community, how it impacts those looking to apply, and what next steps someone can take.
12/14/2020
Local elected officials have significant power to enact policies that protect their immigrant residents. From ordinances limiting involvement with ICE to decriminalization to terminating detention contracts, this toolkit for organizers and policy makers chronicles and explains the importance of different reforms. Rather than provide a one-size-fits-all model ordinance, we have selected some of...
12/11/2020
In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct. The...
12/02/2020
The COVID-19 pandemic has created a myriad of challenges for immigration legal service providers. While some research and best practices for providing remote legal services have been developed, serving immigrant survivors of domestic violence requires a unique set of considerations. This advisory describes the findings of a small study exploring how service delivery models have been adapted for...
12/02/2020
Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S...
11/30/2020
Every applicant for naturalization should complete a Red Flags Checklist before applying for naturalization to help gauge their eligibility and determine if a more thorough screening is necessary.
11/30/2020
Update: Note also that the Supreme Court has reversed the Ninth Circuit's beneficial decision in Nielsen v. Preap. See alert in this advisory, and we will issue an updated version of the advisory soon . Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or...
11/20/2020
In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed...
11/19/2020
T nonimmigrant status (often called a “T visa”) is a form of immigration relief for survivors of human trafficking that provides four years of lawful immigration status, employment authorization, access to certain public benefits, and the opportunity to apply for lawful permanent residency. However, the current U.S. Citizenship and Immigration Services (USCIS) policy on Notices to Appear (NTA),...
11/11/2020
People with various immigration statuses, and in some cases without any immigration status, qualify for Medi-Cal in California. California provides Medi-Cal health insurance through state funds to many California residents that would not qualify for the federal Medicaid program. When considering applying for immigration status, many noncitizens worry that using Medi-Cal in California will harm...
11/10/2020
This resource includes an update regarding the ongoing Gonzalez v. ICE federal litigation. On September 11, 2020, the Ninth Circuit issued a decision which includes some important changes to the February 2020 Central District of California federal court order. We have included an update on the first page which discusses what has changed, followed by information from our April 2020 resource ...
11/09/2020
President Trump has imposed travel restrictions blocking the entry of certain immigrants who are outside the United States and trying to enter. These restrictions last through December 31, 2020. The travel restrictions apply based on type of visa and/or the country where the traveler resides or has spent time in immediately prior to their attempted entry to the United States. The restrictions do...
11/05/2020
On October 30, 2020, ILRC filed a comment opposing an EOIR proposed rule that would have a substantial negative impact on legal orientation programs operated by non-profit immigration legal services programs. Much of the impact will be from the way the regulation redefines key terms: First, by broadening the scope of legal “practice,” the proposed rule would require non-representative providers...