Many people come to the United States seeking protection because they have suffered persecution or fear that they will be harmed if they return to their home country. Asylum is a form of protection our government may grant to someone fleeing their country because they fear they will be harmed based on their race, religion, nationality, political opinion, or membership in a particular social group. This area of immigration law is very complicated but is essential to those fleeing their countries in search of safety.
The Immigrant Legal Resource Center (ILRC) builds the capacity of immigration advocates to assist immigrants in their claims for asylum in order to provide more immigrants with a meaningful chance at justice. As experts in the field, the ILRC publishes The Essentials of Asylum Law, a manual which provides a thorough review of asylum law with practice tips. In addition, the ILRC hosts several webinars on asylum law and emerging issues. We also support practitioners in their specific cases through our Attorney of the Day (AOD) technical assistance service.
Latest Resources
Public Comments / Sign-on Letters
Resources
Publication Date
08/30/2023
On August 1, 2023, USCIS published long-awaited Policy Manual guidance on the definition and process for determining statelessness. ILRC commented favorably on most of the guidance and made suggestions for some improvements.
Practice Advisory
Resources
Publication Date
08/14/2023
This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding the plausibility of a claim; and determinations regarding a respondent’s corroborative evidence. It also flags special circumstances to look out for when appealing an immigration judge's adverse credibility finding.
Practice Advisory
Resources
Publication Date
06/26/2023
Practice Advisory
Resources
Publication Date
08/23/2023
Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a growing health crisis that currently affects over 20 million people in the United States.
This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.
This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.
Public Comments / Sign-on Letters
Resources
Publication Date
03/27/2023
On March 27, 2023, the ILRC submitted comments on the Biden Administration’s proposed rule that would impose a rebuttable presumption against eligibility for asylum for those who transited through a third country before arriving in the United States. The ILRC detailed concerns with how this rule will essentially ban a large number of asylum-seekers from relief and how the rule impermissibly restricts the due process rights of asylum-seekers at the U.S.-Mexico border.
Practice Advisory
Resources
Publication Date
04/07/2023
This practice advisory provides an overview of the different ways crimes can impact eligibility for Temporary Protected Status (TPS) and a framework for analyzing whether an applicant is subject to these bars and potential options to overcome them.
Public Comments / Sign-on Letters
Resources
On February 2, 2023, USCIS announced changes to the Policy Manual guidance on the one-year physical presence requirement for asylee/refugee adjustment. In a comment letter on February 16, 2023, ILRC commended USCIS on the changes. We believe they will increase fair and consistent adjudications for asylees and refugees seeking adjustment.
Practice Advisory
Resources
Publication Date
01/05/2023
Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to commenting on proposed rules and practical tips for navigating the resources available to the public.
Practice Advisory
Resources
Publication Date
09/28/2022
This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time. It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to file in immigration court and when an eligible individual may qualify for late initial registration.
Practice Advisory
Resources
Publication Date
06/29/2022
Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decisions by Immigration Judges (IJs) and identifying issues to raise on appeal to the BIA. The goal is to equip practitioners with a framework to look for errors where the IJ has denied relief or otherwise ordered removal.
Practice Advisory
Resources
Publication Date
06/28/2022
Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present their case.
Related Products
Webinar
Webinar
In this webinar, we will discuss how asylum seekers, including recent entrants, can seek release from immigration custody via bond and parole. We will review eligibility for bond and parole for arriving aliens, and the implications of Matter of M-S-, 27 I&N 509 (AG 2019) on asylum seekers. We will also discuss who may seek bond before the immigration judge and strategies for the bond hearing. This webinar will leave advocates armed with tips and best practices when representing asylum seekers requesting release from detention.
Webinar
Webinar
Level: Beginner / Intermediate
This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of removal and review the current case law and recent developments. It will also provide tips to help argue for withholding or CAT as an alternative in an asylum case as well as prepare standalone withholding or CAT claim for clients who are asylum-barred or otherwise ineligible.
Presenters
Andrew Craycroft
Andrew joined the ILRC in May 2019 as a Staff Attorney focusing on immigrant youth issues. Prior to joining the ILRC, he worked at Staten Island Legal Services representing clients in a variety of affirmative and defensive immigration matters. Previously, Andrew worked at the Unaccompanied Minors Program of Catholic Charities Community Services in New York, representing detained and released unaccompanied minors in removal defense.
Andrew received his J.D. from the Georgetown University Law Center, where he participated in the Center for Applied Legal Studies Clinic. Andrew earned his B.A. from the University of California at Berkeley, where he majored in Political Economy of Industrial Societies. Andrew is admitted to the bar in New Jersey and New York. He is fluent in French and Spanish with some knowledge of Italian, Portuguese, and Arabic.
Priscilla Olivarez
Priscilla Olivarez is a Policy Attorney and Strategist based in San Antonio, Texas. In her role with the ILRC, Priscilla works alongside other Texas advocates to develop and promote local and state policies that protect the dignity of immigrant communities. Prior to joining the ILRC, Priscilla was a Managing Attorney at American Gateways (AG), a nonprofit organization that provides direct legal services in immigration matters. While at AG, Priscilla focused her efforts on representing and assisting individuals who were in immigration detention. She helped manage the organization's Legal Orientation Program, providing assistance to unrepresented individuals in immigration detention, as well as its National Qualified Representative Program (NQRP), which provides legal representation to individuals deemed mentally incompetent in immigration proceedings. Priscilla also provided direct representation to individuals in detention, with a focus on advocacy for individuals with mental disabilities or other heightened vulnerabilities. Priscilla has represented clients before the Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Fifth Circuit.
Priscilla's other advocacy experience includes working abroad, providing legal support to survivors of human trafficking in the Philippines. Priscilla has also advocated on behalf of survivors of domestic violence and volunteered near the Texas-Mexico border representing unaccompanied minors in immigration proceedings. Outside of her immigration work, Priscilla has advocated for fair housing for vulnerable populations, and worked to coordinate a national research study that examined racial discrimination in the housing market.
Priscilla is a graduate of Texas Tech University School of Law and is licensed to practice law in Massachusetts, Texas, and before the U.S. Court of Appeals for the Fifth Circuit.
This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of removal and review the current case law and recent developments. It will also provide tips to help argue for withholding or CAT as an alternative in an asylum case as well as prepare standalone withholding or CAT claim for clients who are asylum-barred or otherwise ineligible.
Presenters
Andrew Craycroft
Andrew joined the ILRC in May 2019 as a Staff Attorney focusing on immigrant youth issues. Prior to joining the ILRC, he worked at Staten Island Legal Services representing clients in a variety of affirmative and defensive immigration matters. Previously, Andrew worked at the Unaccompanied Minors Program of Catholic Charities Community Services in New York, representing detained and released unaccompanied minors in removal defense.
Andrew received his J.D. from the Georgetown University Law Center, where he participated in the Center for Applied Legal Studies Clinic. Andrew earned his B.A. from the University of California at Berkeley, where he majored in Political Economy of Industrial Societies. Andrew is admitted to the bar in New Jersey and New York. He is fluent in French and Spanish with some knowledge of Italian, Portuguese, and Arabic.
Priscilla Olivarez
Priscilla Olivarez is a Policy Attorney and Strategist based in San Antonio, Texas. In her role with the ILRC, Priscilla works alongside other Texas advocates to develop and promote local and state policies that protect the dignity of immigrant communities. Prior to joining the ILRC, Priscilla was a Managing Attorney at American Gateways (AG), a nonprofit organization that provides direct legal services in immigration matters. While at AG, Priscilla focused her efforts on representing and assisting individuals who were in immigration detention. She helped manage the organization's Legal Orientation Program, providing assistance to unrepresented individuals in immigration detention, as well as its National Qualified Representative Program (NQRP), which provides legal representation to individuals deemed mentally incompetent in immigration proceedings. Priscilla also provided direct representation to individuals in detention, with a focus on advocacy for individuals with mental disabilities or other heightened vulnerabilities. Priscilla has represented clients before the Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Fifth Circuit.
Priscilla's other advocacy experience includes working abroad, providing legal support to survivors of human trafficking in the Philippines. Priscilla has also advocated on behalf of survivors of domestic violence and volunteered near the Texas-Mexico border representing unaccompanied minors in immigration proceedings. Outside of her immigration work, Priscilla has advocated for fair housing for vulnerable populations, and worked to coordinate a national research study that examined racial discrimination in the housing market.
Priscilla is a graduate of Texas Tech University School of Law and is licensed to practice law in Massachusetts, Texas, and before the U.S. Court of Appeals for the Fifth Circuit.
Webinar
Webinar
Level: Intermediate / AdvancedThis webinar is intended for practitioners already familiar with asylum law and will focus on the most recent developments in asylum practice. The current landscape of asylum law has been complicated by ongoing litigation, including over prosecutorial discretion authority, the Title 42 executive order, and the Remain in Mexico policy. This year, the government promulgated and has begun implementing its interim final rule on “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers,” or the Asylum Officer Rule. Anticipated regulations concerning asylum claims based on domestic violence and gang violence, as well as regulations on particular social group have still not yet been issued. This webinar will discuss these recent developments as well as others and give an overview of the current state of asylum law.Presenters
Publication
Publication
A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique among immigration law manuals because it provides a comprehensive detailed overview of the law that is both practical and easy to use. More than a compilation of immigration law topic articles, it’s a how-to manual containing clearly worded explanations of each subject and includes sample applications, charts, and examples to illustrate the concepts. This invaluable resource also provides practical advice on working with your clients to elicit the information you need to assist them efficiently and accurately.
Publication
Publication
This publication provides an overview of asylum law for advocates new to representing asylum clients, as well as for seasoned practitioners needing a thorough review of current standards.
Webinar
Webinar
This webinar will focus on establishing a social group and proving nexus in asylum claims. We will highlight hot topics in social group analysis, including recent decisions by the Attorney General and Board of Immigration Appeals, such as Matter of A-B- and Matter of L-E-A-. We will also focus on best practices for preparing and presenting claims in the Immigration Court and Asylum Office. This webinar presumes basic knowledge of asylum law, including understanding the key elements of an asylum claim.