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.
03/02/2021
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.
01/21/2021
In this issue: HETAP - Reaching Immigrant Students on College Campuses, Organizing - The Heart of the Movement, Office Roundups, and more.
01/21/2021
In this resource, we discuss the visa backlog for youth from certain countries applying for a green card through Special Immigrant Juvenile Status (SIJS). We discuss how to determine when your client may apply for a green card, and provide practice tips for representing youth seeking SIJS who may face a long wait before they are able to get a green card.
01/20/2021
DACA has undergone turbulent changes since it was announced in 2012. Terminated and reinstated numerous times since, these changes have shown the urgent need to pass a permanent and inclusive legislative solution that will provide a pathway to citizenship not only to DACA recipients but their family members. In the meantime, the Biden administration must fulfill its campaign promise to protect...
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...
01/04/2021
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...
12/18/2020
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...