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.
03/05/2018
Immigration law has its own definition of what constitutes a criminal "conviction." Because most, although not all, immigration consequences require a conviction, if your client does not have a conviction the immigration case might be saved. This Advisory discusses which dispositions that come out of criminal court actually constitute a conviction for immigration purposes, and how to avoid a...
03/02/2018
In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs...
02/14/2018
Vote No on Heller 1954 Criminal Alien Gang Member Removal Act: Policy statement in opposition to the Criminal Alien Gang Member Removal Act, which if passed would lead to unchecked racial profiling and other unconstitutional police practices. Vote No on Secure & Succeed Act: Policy statement in opposition to the Secure and Succeed Act, which fails to offer a real solution for DACA recipients...
02/13/2018
This infographic shows options for how a TPS holder may be able to get a green card through a U.S. citizen family member.
02/12/2018
Schools across the country are working to protect their students and students’ families from immigration enforcement activities on campus. However, the school to prison to deportation pipeline is often overlooked in efforts to keep students safe. This resource explains how an incident at school can result in a youth facing deportation, and encourages schools to review their disciplinary polices...
02/08/2018
This advisory discusses the provisions of SB 54 (De Leon) and the California Values Act, relevant to criminal defense counsel who represent noncitizen clients. In addition to discussing specific provisions of the California Values Act, this advisory discusses how to incorporate this new law into your defense practice.
02/07/2018
This resource provides analysis on why congressional proposals to expand penalties for reentry prosecutions should be rejected.
02/07/2018
This resource discusses how current immigration laws criminalize individuals, and provides analysis of current congressional proposals.
02/07/2018
This resource analyzes congressional proposals on gangs, discusses how gang affiliation impacts immigration enforcement, and discusses solutions and examples.
02/06/2018
On November 20, 2017, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for Haiti. This TPS designation was supposed to expire on January 22, 2018. DHS has given TPS holders from Haiti an additional 18 months of TPS status (until July 22, 2019) and it is unlikely that TPS for Haiti will be extended past that date. On January 18...
02/01/2018
In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can erase or mitigate certain criminal grounds of removability.
02/01/2018
This table provides state law statutes and descriptions of existing laws that require people to identify themselves to law enforcement officers—also known as Hiibel laws or Stop-and-Identify laws. The nuances of requirements under these laws may vary, but the chart provides a preliminary survey and research of statutes across the country, to educate individuals about their own state requirements...
02/01/2018
As teachers are the individuals interacting with students and their families on a daily basis, the following resources may be useful to educators as they work with students, parents, and community members. This packet can help disseminate material learned in trainings to make sure useful resources are in the hands of those who are best able to share this information.
01/31/2018
This advisory is a follow-up to the ILRC’s free webinar on hardship in waivers from the fall, 2017. Given the volume of questions received during the webinar and overall strong interest in this topic (over 1,000 people registered for this webinar!), this advisory covers the basics and also incorporates frequently asked questions. In this practice advisory you will find an overview of hardship in...
01/26/2018
This is a summary of the California Criminal and Immigration Laws Passed over the last several years to mitigate the impact of deportations, immigration enforcement, and immigration detention.
01/25/2018
This article was written by Rose Cahn and former prosecutors from Fair and Just Prosecution for the American Bar Association, Criminal Justice Magazine , Winter 2018, Volume 32, Number 4.
01/25/2018
Sanctuary policies have continued to grow over the first year of the Trump administration. This detailed report describes what sanctuary policies are and how they are enacted across the country, detailing the changes in 2017 and providing context to the public discourse about local policies related to immigration.
01/22/2018
On January 8, 2018, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for El Salvador. This TPS designation was supposed to expire on March 9, 2018. DHS has extended TPS for El Salvador for a final 18-month period (until September 9, 2019) and has not indicated that they plan to extend or renew TPS for El Salvador past that...
01/22/2018
A reference sheet on the immigration consequences of delinquency and diagnostic questions for noncitizen youth: determining potential avenues for legal status.
01/17/2018
This infographic outlines who is eligible to renew DACA, documents needed, and resources available. Please check back for translated versions.
01/17/2018
On January 9, 2018, a federal court ruled that while a lawsuit decides whether the termination of DACA was unlawful, U.S. Citizenship and Immigration Services (USCIS) must continue to accept renewal applications. This is guidance on who is eligible to apply at this time. Please note, as the lawsuit moves forward, this advice may change.
01/11/2018
On February 4, 2014 the United States Citizenship and Immigration Service (USCIS) introduced a new N-400 (Rev. 9/13/13), Application for Naturalization form that was updated in April and December 2016. All naturalization applicants must use the new form only. To help attorneys, BIA accredited representatives, and others learn how to complete this new form, we have developed a step-by-step guide.
01/10/2018
On January 9, 2018, U.S. District Court for the Northern District of California issued an important ruling on the termination of the DACA program. The court granted plaintiffs’ request for a preliminary injunction, putting the rescission of the DACA program on hold until a final determination is made in the case. The court ordered USCIS to resume accepting DACA renewal applications. This resource...
01/09/2018
This toolkit provides advocates with the tools to effectively meet with local law enforcement regarding the California Values Act (SB 54) and enforcement policies generally. The toolkit includes the steps advocates should take prior to any law enforcement meeting, a sample agenda, sample questions, a FAQ section, and other tools.
01/08/2018
As of January 2018, 28 states and the District of Columbia have legalized medical marijuana, and 8 states and the District of Columbia have legalized recreational marijuana for adults. Immigrants may reasonably think that using marijuana according to these state laws will not hurt their immigration status. Unfortunately, that's wrong!! It is still a federal offense to possess marijuana, and...