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.

A Guide to State Laws on U Visa and T Visa Certifications

04/21/2020

U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for crime survivors. Congress created these forms of relief with the dual purpose of aiding law enforcement, by encouraging crime victims to cooperate, and providing humanitarian relief for crime survivors. Both forms of relief have a certification process by which...

Immigration Preparedness Toolkit

04/20/2020

The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system in the United States. This free toolkit offers in-depth, yet easily accessible information that outlines the...

Using and Defending California Penal Code § 1473.7 Vacaturs in Immigration Proceedings: Sample Memorandum of Law and Table of BIA Cases

04/15/2020

In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration...

Responsible Releases: Safeguards to Protect Immigrants Released from Jails and Prisons

04/14/2020

As more and more jurisdictions are contemplating releasing people from jails and prisons, it is critical that we consider ways to ensure that people released are not immediately transferred to the harmful deportation system. ILRC, together with our allies, Asian Prisoners Support Committee, Asian Americans Advancing Justice – Asian Law Caucus, and California Alliance for Youth and Criminal...

ICE Detainers Are Illegal — So What Does That Really Mean?

04/09/2020

Over the years, various courts throughout the country have agreed that prolonging custody of a person solely based on an ICE detainer request is unlawful for numerous reasons. This practice advisory provides a summary of the court decisions related to ICE detainers and the arguments to challenge localities that continue to detain people for ICE. The cases discussed here illustrate some of the...

Denaturalization and Revocation of Naturalization

04/07/2020

The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This will result in many U.S. citizens being denaturalized and losing their citizenship. These efforts will have a chilling effect on the number of legal permanent residents applying for U.S. citizenship and will further burden a system that is...

Coronavirus Care & Immigration

04/06/2020

These printable resources are concise handouts that serve as reminders for those in the immigrant community that are anxious about accessing healthcare or getting treatment related to the coronavirus (Covid-19) due to the potential impact on their Public Charge assessment. They are in English and in Spanish and include links to know your rights and locate legal service providers in your area. On...

ILRC Letter to USCIS - Actions Needed During COVID-19 Global Pandemic

04/03/2020

ILRC sent a request to USCIS headquarters to provide more information and to also take certain actions to deal with the consequences of the closure of USCIS public services and the impact of COVID-19 on the immigrant public. These are concerns raised by the individuals and organizations with whom we partner. We have promised to raise more issues as the emergency situation continues.

Identifying Humanitarian Forms of Relief for Derivatives: VAWA Self-Petitioners

04/02/2020

The VAWA Self-Petition allows abused immigrants to petition for legal status independently of their abuser. The process mirrors that of the family-based process but frees the victim from having to rely on the abuser’s cooperation to file a family-based petition. Under VAWA, an abused spouse or child of a lawful permanent resident (LPR) or U.S. citizen (USC), or an abused parent of a USC son or...

Comment on Proposed Revisions to USCIS Form I-290B

04/02/2020

The American Immigration Council, the American Immigration Lawyers Association, ASISTA Immigration Assistance, the Catholic Legal Immigration Network, Inc., the Immigrant Legal Resource Center, Kids in Need of Defense, and the Tahirih Justice Center submitted this comment in response to the proposed revisions to USCIS Form I-290B, which were published in the Federal Register on December 6, 2019.

Motions with the BIA

04/02/2020

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It...

What Are the Immigration Consequences of Delinquency?

03/27/2020

This advisory provides an overview of the immigration consequences of delinquency and helps advocates understand the distinctions between delinquency and crime to be able to assess whether a youth has committed an act of delinquency or a crime. It arms advocates with arguments to protect their noncitizen clients who have engaged in unlawful conduct as minors.

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

03/27/2020

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering...

From “Superpredators” to “Migrant Gang Bangers”: The Criminalization of Young People of Color

03/27/2020

This one-page resource from the ILRC and the National Juvenile Justice Network illustrates the connections between the criminalization of young people of color in the youth justice system and the current criminalization of young immigrants of color.

Messaging to Make Our Vision a Reality

03/23/2020

This webinar provides key communications tools to uplift a values-based narrative and push back against anti-immigrant scapegoating, in support of the VISION Act (pending state bill which strengthens the CA Values Act) and other similar policy asks. The webinar provides a brief overview of the VISION Act, and then focuses largely on messaging and communications. Specifically, the webinar covers talking points and communications tactics needed to push back when our opposition uses fear-mongering and scapegoating to exclude people with crimes from protection. This webinar is...

Annotated DACA Application Guide

03/23/2020

This guide is for individuals whose DACA expired after September 5, 2016 and are looking to file a “renewal” application in the coming months. The guide includes annotated forms I-821D, I-765 and I-765ws which form a renewal application packet. If an individual’s DACA expired on or before September 5, 2016 or was DACA terminated, they will need to file an application as a “renewal-initial.” This...

Public Charge Updates

03/17/2020

Bewildered by the many policy changes and litigation efforts surrounding public charge? Unsure if you’re prepared to counsel and advise clients on how public charge could impact their ability to get a family-based green card or visa to enter the United States? Join us as we discuss the challenges our immigrant clients are currently facing around public benefits and immigration status, and strategies to help clients overcome public charge concerns at various administrative agencies. This webinar will review the latest developments in public charge policy and regulations under the Trump...

Public Charge Update for Non-Legal Services Providers

03/11/2020

During this webinar, we provided an update on public charge policies after the new inadmissibility rule from Department of Homeland Security (DHS) took effect and the new inadmissibility rule from Department of State was implemented. We discussed the various policies impacting immigrants and their families’ access to health care and other programs and took a closer look at the new DHS and DOS rules and who they affect. This webinar was designed for those conducting outreach and providing information to immigrants in a...

Naturalization Fee Waiver Packet

02/24/2020

This packet is designed to help advocates prepare naturalization fee waiver applications. The packet includes information from USCIS and ILRC on how to complete and review a fee waiver application to accompany naturalization applications, the adjudication standards for fee waiver applications, and a sample completed fee waiver form. February 24, 2020 Update: USCIS Continues to Accept Previous...

Unaccompanied Children and the One-Year Filing Deadline

02/23/2020

Although the TVPRA exempts unaccompanied children ( UC s) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UC s are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions...

ICE Courthouse Arrests in California: Explainer and Legal Strategies Tool for Legal Services Providers and Defenders

02/20/2020

In response to recent ICE enforcement practices, noncitizens who need to attend state and local courts in California may express fear of civil arrest if they attend court. This two-page tool, written for defenders and legal services providers, presents California-specific strategies for representing and advising noncitizens who may require additional procedural protections for their right to...

Enforcement 101: How Ice Arrests and Deports People

02/05/2020

In this recording, we discuss how ICE operates and goes about detaining and deporting hundreds of thousands of people a year. Designed for those new to the fight against ICE, we provide an overview of how ICE operates as well as an overview of local efforts to push back against ICE’s increasingly aggressive tactics. You’ll gain a deeper understanding of the various mechanisms ICE employs to identify, arrest, and deport people along with clear strategies and tools that can be used by advocates to protect our communities.

RECORDING - Late-Breaking Public Charge Update

02/04/2020

This one-hour training, recorded on February 4, 2020, provides updates on what the U.S. Supreme Court's January 27, 2020 order regarding the Department of Homeland Security's new public charge inadmissibility rule means for our clients and the immigrant community. We also discuss what we know and what questions remain at this juncture, suggestions for how to talk about this latest development...

Open Records Laws for Immigrant Rights Advocates

01/29/2020

This toolkit and webinar from ILRC, CLINIC, and the Center for Constitutional Rights provide and introduction and advice for how immigrant rights advocates can use public records act requests to get information on how immigrants are treated by local and state government agencies. These requests can be an essential part of campaigns to protect immigrant communities. Guide: Open Records Laws for...

Family-Based Petitions for LGBTQ Couples: Considerations When Documenting a Bona Fide Marriage

01/22/2020

Since 2015, the process of immigrating to the United States as the spouse of a USC or an LPR should not be any different for an LGBTQ couple than any other couple. However, advocates working with LGBTQ couples may need to consider a variety of factors when documenting and providing representation for an LGBTQ marriage-based petition. For example, is the couple currently living a jurisdiction...

Areas of Expertise

Pages