Areas of Expertise

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.

Felony Murder Rule and Noncitizens

09/02/2020

This brief advisory written by Rose Cahn, ILRC and Anoop Prasad, Asian Americans Advancing Justice Asian Law Caucus, discusses how petitions for relief using PC 1437, the reform to the felony murder rule, can be helpful to immigrants seeking to mitigate immigration consequences.

12 Questions to Spot California Post-Conviction Relief

09/02/2020

A one-page issue spotting decision tree to help screen for potential forms of post-conviction relief. For an in-depth discussion of any of these vehicles, see this guide , created by the ILRC and Californians for Safety and Justice.

Community Alert: Changes to the DACA Program

09/01/2020

On July 28, 2020 the Department of Homeland Security issued a memorandum severely restricting the DACA program. Despite a recent U.S. Supreme Court decision fully reinstating the program, the Trump administration has issued another attack on the program. This community alert gives a brief summary of memorandum and the U.S. Citizenship and Immigration Services Implementing Guidance issued on...

DACA: Frequently Asked Questions

09/01/2020

While the U.S. Supreme Court’s decision on June 18, 2020 should have restored the Deferred Action for Childhood Arrivals (DACA) program in its entirety, a recent announcement by the Trump administration has once again thrown the program and DACA recipients into limbo. This resource goes over frequently asked questions to help orient the community of this new change with DACA program.

DACA Supreme Court Case Summary & Practice Update

09/01/2020

On July 28, 2020, the U.S. Department of Homeland Security (DHS) released a memorandum instructing U.S. Citizenship and Immigration Services (USCIS) to: 1) reject all initial Deferred Action for Childhood Arrivals (DACA) requests from applicants who have not received DACA in the past; 2) reject all advance parole applications from DACA recipients except where there are “exceptional circumstances...

Special Immigrant Juveniles & the Grounds of Inadmissibility

08/27/2020

This resource provides helpful charts of the grounds of inadmissibility as applied to special immigrant juveniles (SIJs). It also describes the waiver standard and process for SIJs.

Toolkit for Legal Service Organizations: Pro Bono Immigrant Post-Conviction Relief

08/26/2020

This toolkit is designed for legal service organizations who want to engage pro bono attorneys in providing immigrant post-conviction relief screening and services. It contains tools to run a legal clinic to screen for crim/imm issues and post-conviction relief options, tools to perform case-specific legal analysis for noncitizens with prior convictions, and tools to place and supervise post-...

Toolkit for Reentry Service Providers: Serving Noncitizen Immigrants with Criminal Records

08/26/2020

This toolkit will help reentry service providers expand services for noncitizens impacted by the criminal legal system. It offers an escalating service menu, starting with tools to provide general information about how a conviction can impact immigration status, advancing to tools to help clients gather information necessary for an individualized legal analysis, tools to perform that analysis,...

Emerging Public Charge Issues Related to COVID-19

08/25/2020

In response to the ongoing COVID-19 pandemic, federal, state, and local governments are creating relief programs to provide services and resources to community members facing health and financial challenges. However, due in part to the overlapping timeline of coronavirus and the implementation of new public charge rules, many immigrant community members are fearful of utilizing available relief programs. In this 60-minute webinar, we will provide a brief overview of public charge, share policy updates on public charge topics, and discuss various emerging public charge issues related to...

Practice Alert: Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)

08/24/2020

On July 30, 2020, Attorney General Barr issued Matter of Reyes , 28 I&N Dec. 52 (A.G. 2020), a case involving a longtime lawful permanent resident with a single conviction for violating a larceny statute that criminalizes both theft and fraud, and is indivisible as between these means of commission. She had been sentenced to over one year in prison and there was an established loss amount of...

2020 Census: Ensuring Immigrant Communities Are Counted

08/20/2020

On March 12, 2020 households began receiving invitations to complete the 2020 Census. Because of the pandemic, households now have until September 30, 2020 to complete their responses either online, by paper, or by telephone . Although the U.S. Supreme Court prevented the Trump administration from including a question asking whether a person is a U.S. citizen in the 2020 Census, immigrants...

ILRC Opposes USCIS’s Changes to the Policy Manual on Discretion

08/17/2020

On August 13, 2020, ILRC submitted comments on recent changes to USCIS’s policy manual. The new chapters on discretion will radically alter adjudications of a wide variety of applications for immigration benefits. We recommend that the changes be stricken because they are ultra vires, lack legal support, and will exacerbate USCIS’s current crisis. The policy manual changes compound agency...

Resources for Challenging Matter of Thomas & Matter of Thompson

08/13/2020

In October 2019, Attorney General Barr issued Matter of Thomas & Matter of Thompson , altering the standard for when immigration law will recognize a criminal sentencing modification. Since then, government attorneys from ICE and adjudicators from DHS and DOJ have misused and exploited the decision to incorrectly impose immigration consequences on vacated and modified past convictions and...

Beyond Sanctuary: Local Reforms in Conservative Regions

08/12/2020

In conservative and anti-immigrant areas, it may not be possible to pass sweeping sanctuary laws that prohibit collaboration between local law enforcement agencies and ICE. This is especially true if anti-sanctuary statutes like Texas’ SB 4 and Florida’s SB 168 prevent such measures by state law. However, many of us are fighting back against ICE enforcement in all kinds of new and creative ways that connect criminal justice reforms and immigrant rights. This webinar will provide organizers and advocates with information about how to effectively strategize in “red” regions to build...

DOJ Loses Court Battles Over Grants Conditioned on Immigration Enforcement

08/05/2020

Throughout the Trump Administration, the federal government has sought to undermine sanctuary policies by requiring that cities help ICE with immigration enforcement in order to receive certain federal grants from the DOJ. These policies have spurred a dozen lawsuits, almost all of which have ruled in favor of the cities challenging DOJ’s conditions. Recently, the Seventh Circuit has banned...

ILRC & Public Counsel Comments Submitted on November 15, 2019 to the Proposed Rule Governing the Special Immigrant Juvenile Classification, DHS Docket No. USCIS 2009-0004

08/04/2020

On November 15, 2019, the ILRC and Public Counsel submitted comments in response to the re-opened comment period on the proposed SIJS regulations, originally published in 2011. The ILRC and Public Counsel each submitted comments on the proposed rule during the original 2011 comment period, organizationally and as part of the Immigrant Children Lawyers Network. Accordingly, in 2019, we wrote to...

Census 2020: We All Count Regardless of Immigration Status

08/04/2020

These printable resources are practical information and easy steps for the immigrant community to follow when completing the 2020 Census. They are in English and Spanish and include the various ways the census can be submitted.

Liberian Refugee Immigration Fairness Act (LRIF) – One-Year Program Stymied by USCIS Delays and Public Health Crisis

07/30/2020

This practice advisory will update applicants on the changes in interpretation of LRIF since its inception. We also discuss the administrative guidance, advocacy efforts, and hurdles to the application process to date.

COVID-19, Contact Tracing, and Immigration in California

07/28/2020

Contact tracing is a public health program that helps slow the spread of infectious diseases, like COVID-19 (coronavirus). Because COVID-19 is very contagious, many states are implementing contact tracing programs to protect communities from the virus. California launched California Connected , its contact tracing program, in May 2020. This resource, which describes the California Connected...

The 2019 DHS U Visa Certifier Resource Guide: What Practitioners Need to Know

07/21/2020

For an immigrant survivor of crime to qualify for U nonimmigrant status, they must obtain and submit to USCIS a certification of their helpfulness to law enforcement. A law enforcement agency (LEA) or other certifier must complete Form I-918, Supplement B, “U Nonimmigrant Status Certification,” attesting to the survivor’s assistance. In July 2019, the Department of Homeland Security issued an...

How to Complete a DACA renewal

07/17/2020

This video details how to complete a DACA renewal application packet by walking through the various forms’ questions to highlight what they mean and focus on areas worth paying close attention to. As always, we highly encourage applicants to seek a consultation with a trusted legal service provider before submitting their packets. Namely this is so applicants can ensure they are submitting their...

DACA After the Supreme Court Decision

07/15/2020

After a long legal battle, on June 18, 2020, U.S. Supreme Court restored the DACA program – allowing for both renewal and first time DACA applications – but uncertainty about the future of the program remains. This webinar provides a refresher on preparing initial applications, special considerations for first-time, the larger context of the movement for immigrant rights and how to support efforts for inclusive immigration reform....

Remote Naturalization Oaths are Legally Permissible

07/10/2020

USCIS Naturalization processing was already delayed as long as 3-4 years in many jurisdictions before the pandemic and ensuing USCIS closures hit. Many thousands of applicants are waiting to complete the application process. This practice advisory describes why remote naturalization oaths are a legally permissible and practical measure that USCIS could employ to reduce the backlog in...

Understanding City Government Structures in Texas

07/10/2020

Before pushing for change at the city level, it is important to understand your city government’s structure, as well as the responsibilities and powers of elected and appointed city officials, such as the Mayor, City Council, Police Chief, City Attorney and City Manager. This resource is for Texas advocates and explains the differences between the two major forms of city government in Texas, the...

Protecting Information in DACA Applications Against Deportation in Light of Department of Homeland Security v. Regents of University of California and Existing Policies

07/09/2020

This practice advisory discusses the confidentiality policies and practices currently in place protecting information submitted in Deferred Action for Childhood Arrivals (DACA) applications in light of the recent U.S. Supreme Court decision in Department of Homeland Security v. Regents of University of California that allowed the DACA program to remain open.

Areas of Expertise

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