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.
11/21/2018
At a time of unprecedented immigration enforcement where the federal government heavily relies on the criminal legal system to target immigrants and their families and communities, prosecutors play a critical role in determining immigrants’ fates in this country. Prosecutors across the country are beginning to recognize the important role they play as gatekeepers to the deportation pipeline. Many...
11/19/2018
On October 10, 2018, DHS issued a notice of proposed rulemaking to drastically change how the agency adjudicates the public charge ground of inadmissibility. The proposal would include the use Medicaid, subsidized housing (including Section 8), and SNAP (Food Stamps) to the types of benefits that count against an intending immigrant in the public charge determination. In addition, the proposed...
11/13/2018
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change. The Department of Homeland Security (DHS) is attempting to transform the fee waiver application process by making it more difficult for individuals to obtain fee waivers when seeking immigration relief. On September 28, 2018, it issued a notice of proposed rulemaking to drastically change...
11/12/2018
The United States permits individuals who are not U.S. citizens to enlist in the military and, in recognition of their military service, naturalize more quickly. This webinar will provide an overview of the vital role immigrants play in our nation’s military, recent changes to the expedited naturalization process for military service members, and the basics of military and veterans naturalization. It will also present best practices on naturalizing military service members, veterans, and their families.
To access the materials that were used during this webinar, please...
11/09/2018
"An Overview to Special Immigrant Juvenile Status," excerpted from ILRC’s new publication Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth. (Excerpted from Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth .)
11/09/2018
These materials provide guidance for educators and other professionals working with immigrant parents to be able to conduct family preparedness workshops. Family preparedness workshops help families engage in contingency planning for their children, in the event of detention or deportation of a parent. The materials contained here include a script, a sample PowerPoint, and other helpful resources.
11/05/2018
In December 2017, the Department of Homeland Security announced its intent to revoke Employment Authorization Documents (EAD) for H-4 visa holders. A Notice of Proposed Rulemaking is expected to be published in the coming months. We encourage people to oppose this senseless, cruel, and unnecessary rule. This rule will strip work authorization from over 100,000 women, forcing many to choose...
11/05/2018
This practice advisory covers how to prepare consular processing clients for questions at the immigrant visa interview about alien smuggling, receipt of public benefits, drug use, tattoos, and other issues.
10/25/2018
In August 2018, the Board of Immigration Appeals issued a call for amicus briefs to respond to the question of whether an ILRC-sponsored law, California Penal Code 1203.43, effectively vacated convictions for the purposes of federal law. With gratitude for the assistance of Prof. Jennifer Lee Koh, Western State College of Law, and Michael Mehr, the ILRC coordinated 37 other legal services...
10/15/2018
The BIA has held that that it will not give retroactive effect to California Penal Code § 18.5(a) on convictions from before January 1, 2015. It will consider a California misdemeanor conviction from before January 1, 2015 to have a potential sentence of up to one year, while a misdemeanor conviction on or after that date will have a potential sentence of up to 364 days. Having a potential...
10/11/2018
“Sanctuary” policies exist all over the country, but they are under attack from the Trump Administration, which is trying to withhold federal funding. What is the DOJ trying to do, what funding is at stake, and what is the status of all these lawsuits over it? Most importantly, a key federal statute limiting sanctuary policies has been found unconstitutional, which means that sanctuary...
10/05/2018
These three charts outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements,...
10/01/2018
This webinar covers the basics you need to know about how local law enforcement and other agencies work with ICE or CBP, and how to think about who are the likely local targets for organizing. We talk about identifying the key problems in your community, mobilizing important allies, and what kinds of stories can help drive the narrative. Experienced organizers from Juntos in Philadelphia and...
10/01/2018
U.S. Citizenship and Immigration Services (“USCIS”) has made available two immigration options for family members of military personnel: Parole-in-Place and Deferred Action. These policies were set in place to aid those serving in the United States military by protecting eligible family members who reside in the United States. These policies can help family members of military service personnel...
09/28/2018
Thanks to the advocacy of the ILRC, CPDA, CACJ, and the ACLU, on September 27, 2018, Governor Brown signed into law amendments to California Penal Code Section 1473.7. The amendments will take effect January 1, 2019. This advisory contains practice tips for advocates and a detailed discussion about the changes to section 1473.7.
09/28/2018
On May 16, 2018, the California Supreme depublished People v. Landaverde , which had narrowly construed defense counsel’s pre- Padilla duty to advise immigrants about the consequences of a criminal conviction. The ILRC and Mike Mehr filed the request to depublish which was cosigned by 13 public defender offices, 8 immigrant rights and criminal justice groups; and 9 immigrant rights and criminal...
09/28/2018
The ILRC is proud to stand with 30 of our partners in the criminal justice reform movement to release this report, Repairing the Road to Redemption in California . Our report is part of a national effort, called #TimeDone, to raise awareness of how many people are affected by the barriers associated with convictions and the extent to which they undermine, economic security, family stability, and...
09/27/2018
In June 2018, the U.S. Attorney General issued Matter of A-B- , 27 I&N Dec. 316 (A.G. 2018), which threatens the viability of asylum claims by domestic violence survivors and others who have faced persecution by private actors. In addition to the harmful legal rhetoric in the decision about the nature of domestic violence, Matter of A-B- also highlights the Trump administration’s broad and...
09/19/2018
This article is an updated guide to selected California offenses that discusses precedent decisions and other information showing that the offenses avoid at least some adverse immigration consequences.
09/17/2018
This resource, co-created by the ACLU and ILRC, discusses the Trump administration's denaturalization operation and describes the process of denaturalization, who the targets are and the number of cases as well as the historical context for these efforts.
09/11/2018
As of January 2018, the California Values Act (SB 54) is the law in California. This sweeping legislation curtails the role of state and local police agencies in federal immigration enforcement. This webinar, tailored to criminal defenders, will provide an overview of the Act’s major provisions and how to incorporate this new law into your defense practice. If you are interested in accessing the...
08/31/2018
For years, the ILRC has published a free chart detailing California crimes and their immigration consequences. Older charts are frequently used by post-conviction practitioners to establish the prevailing professional norms at the time of a conviction. These charts no longer contain accurate law and should not be relied upon for the status of the current immigration consequences of criminal...
08/31/2018
This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend...
08/31/2018
USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an...
08/31/2018
The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had...