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.
10/21/2016
In recent years, California’s appellate courts have provided helpful guidance on the state court’s role in Special Immigrant Juvenile Status (SIJS) cases. This fact sheet briefly summarizes California’s published decisions, which clarify many of the common questions that these cases present in state courts, including one-parent SIJS, SIJS in delinquency proceedings, and the proper role of the...
10/20/2016
A new law will go into effect January 1, 2017 that will provide people who are no longer in custody with a new way to vacate legally invalid convictions. This advisory discusses how the law can help immigrants erase old convictions thus opening up new pathways to immigration relief.
10/10/2016
This short advisory explains how ICE has implemented the PEP program announced in November 2014 and analyzes the three new detainer forms that ICE has created.
09/29/2016
AB 813 Provides a New Vehicle to Vacate a California Conviction SB 1242 Makes the 364-Day Misdemeanor Law Retroactive SB 2792 (TRUTH Act) Protects the Rights of Immigrants in California Jails
09/29/2016
This report provides a thorough analysis of California’s Proposition 64, or The Adult Use of Marijuana Act, and its potential impact on immigrants with marijuana offenses. The report covers the intersection of immigration and criminal law, the current impact of marijuana offenses on a variety of immigration outcomes, and the ways in which Proposition 64 could help mitigate the immigration...
09/07/2016
This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.
09/07/2016
Letter from 380 national, state, and local non-profit organizations to President Obama requesting that he expand Temporary Protected Status for El Salvador, Honduras, and Guatemala and provide relief from deportation to 1.2 million undocumented immigrants.
09/06/2016
Letter from 102 law professors and scholars in the areas of immigration, migration, administrative, and international law to President Obama outlining the legal authority for the use of Temporary Protected Status for El Salvador, Honduras, and Guatemala to provide relief from deportation to 1.2 million undocumented immigrants.
08/19/2016
Policy statement in opposition to U.S. Customs and Border Protection's proposal to collect the social media information of individuals entering the United States through the Visa Waiver Program.
08/04/2016
This document outlines how to check if you have a criminal record and complete a background check. Available in English and Spanish.
08/03/2016
Immigration was one of the leading issues in our country in 2015. Animosity toward immigrants grew last year, and with it the threat of deportation and anti-immigrant policies. Thanks to our partners, allies, and the community, 2015 was a year we celebrated wins in our fight to advance immigrant rights. Read more in ILRC’s 2015 Annual Report.
08/03/2016
In this issue: The ILRC Pushes Forward After a Disappointing Setback from the Supreme Court; 2016 Legislative Updates in California; New Americans Campaign Celebrates Fifth Anniversary with New Site; 2015 Annual Report
07/29/2016
The Criminal Alien Program encompasses the many ways that ICE agents interact with the criminal justice system in order to find and arrest immigrants. This guide explains how CAP operations work, how they intersect with other programs, and what ICE’s presence in, and access to, local jails means for immigrants and immigrant rights organizers.
07/29/2016
This updated memo explores recent case law on immigration detainers and how the 2015 detainer forms are still constitutionally deficient. Local jails who detain immigrants for ICE continue to risk liability for unlawful detentions.
06/24/2016
A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant...
05/17/2016
This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is...
05/09/2016
In November 2014, California voters passed Proposition 47, a historic record changing opportunity. The below resources are aimed at educating community members, advocates, and lawyers on the immigration benefits of Proposition 47. We also have two Prop 47 podcasts: one in English and one in Spanish . See also Manual on Prop 47 & Other Post-Conviction Relief for Immigrants for how to use Prop...
04/29/2016
The Immigrant Legal Resource Center, with our partners the Lawyers Committee for Civil Rights in the San Francisco Bay Area and Californians for Safety and Justice, are pleased to provide a manual on how to help immigrants get post-conviction relief in California. Here is a link to the manual, and a separate link to the Practice Aids in the Appendices. This manual is written for immigration...
04/25/2016
California has strict confidentiality laws that govern when and to whom records from dependency and delinquency proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile records. This guide provides an overview of the law and practical guidance for how to handle issues of juvenile...
04/15/2016
In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.
03/22/2016
In Young v. Holder , 697 F.3d 976 (9th Cir. 2012) ( en banc ) the Ninth Circuit held that if a statute is divisible, an applicant for relief must provide evidence from the reviewable record of conviction that proves that the conviction does not bar eligibility, under the modified categorical approach. An inconclusive record of conviction is not sufficient. In this brief on behalf of a Ninth...
03/21/2016
Effective January 1, 2016, a new California drug law will help defendants avoid catastrophic immigration consequences for minor offenses. Pending creation of a government form to request § 1203.43 relief, here is a model motion and order. Many thanks to Graciela Martinez of the Los Angeles County Defender Office for creating these materials.
02/29/2016
Community meetings provide an opportunity to bring advocates, organizers, community members, and local partners (such as church or civic leaders) together to discuss issues of concern to the immigrant community. This guide is written to share best practices about community meetings and offer step-by-step instructions on how to plan a community meeting.
02/26/2016
AB 1343 is a new law that safeguards due process for immigrants in the criminal justice system by ensuring that immigrants are provided access to fair, honest, and competent legal advice. Check out this infographic to learn more!
02/22/2016
After a record number of unaccompanied children came to the United States in 2014, the U.S. is again responding to a new influx of children and families from Central America. This one-page resource sheet for individuals interacting with unaccompanied children in the U.S. can be used to help children get connected with legal, educational, medical, mental health, and faith-based services.