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.
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.
02/19/2016
The BIA stated that Cal PC § 273a(b) is not a deportable crime of child abuse, in Matter of Mendoza-Osorio.
02/03/2016
California recently enacted ten new laws to ensure liberty and access to justice for immigrants in our state. Two of those laws impact immigrant youth in particular: AB 899 is a new law that clarifies that California law does not permit the automatic sharing of confidential information from juvenile court proceedings with any federal official, including immigration officials. Specifically, it...
02/03/2016
SB 674 is a new California law that took effect on January 1, 2016. The goal of this law is to ensure that all immigrant crime victims in California have equal access to immigration status through the U visa.
01/12/2016
Report by the ILRC calling for the end of immigration raids targeting Central American families and outlining the legal and factual grounds for the expansion of Temporary Protected Status (TPS) for El Salvador, Guatemala, and Honduras. This report also provides estimates regarding the number of individuals that would benefit under an expansion of TPS.
01/12/2016
In this podcast, Zan Stine talks with ILRC attorney Lena Graber about what is happening in immigration enforcement, specifically around the new policy developments on how local law enforcement agencies work with ICE.
12/18/2015
In this issue: Immigrants Shape California Legislative Package; The other side of the immigration debate; Protecting Undocumented Youth in the Child Welfare System; ILRC Combats Unjust Immigration Enforcement
12/14/2015
Irma inmigró a los EEUU hace algunos años pero no tiene papeles. Alguien le dijo que debe solicitar el asilo. Irma no conoce el proceso y no sabe del plazo de un año o de los riesgos que puede correr. En la siguiente grabación, escucharemos sus conversaciones sobre estos temas con Jose, quien trabaja en el Centro de Recursos Legales para el Inmigrante, y con Celine, una abogada de inmigración del Centro de Servicios Legales de Pangea.
12/03/2015
This chart shows the effect that immigration law gives to different types of state post-conviction relief, including the new California Penal Code § 1203.43.
12/02/2015
A review of four different models used throughout California, in advising noncitizen defendants of the immigration consequences of criminal offenses. This protocol provides interviews with defenders currently practicing these models, as well as practical tips and resources in establishing similar models in your jurisdiction.
10/29/2015
In October 2015, various community groups, including the ILRC, submitted a letter to the Monterey Board of Supervisors urging them to intervene in the Sheriff’s cooperation with ICE. Please see this letter as a sample for your community advocacy efforts.
10/12/2015
This practice advisory describes the recent increase in RFEs and NOIDs in Special Immigrant Juvenile Status cases, in which USCIS is requesting documents from the underlying state court proceedings. The advisory details arguments against disclosing state court documents and information to USCIS, and provides guidance on setting up your SIJS petitions for success from the outset.
09/21/2015
In 2014, the Immigrant Legal Resource Center (ILRC) celebrated its 35th anniversary. Together with the immigrant community and its partners, ILRC is battling the unjust immigration policies that further marginalize those who are often overlooked. Our efforts resonate with a deep commitment to help keep families together.
09/09/2015
This toolkit for organizers explains how ICE co-opts local law enforcement into immigration enforcement, and how communities can fight to disentangle them. Along with sample questions for local law enforcement and tools for monitoring immigration enforcement activities in your community, this toolkit explains the new enforcement landscape under PEP-Comm and other ICE programs and gives...