Criminal and Immigration Law

The crossover between immigration and criminal law is one of the most complex and technical areas of law. The Immigrant Legal Resource Center (ILRC) is recognized as a national leader in criminal immigration law and immigration consequences of crimes. We provide critical support to immigration attorneys and criminal defenders through analysis, policy work, trainings, technical assistance, and developing and disseminating best practices.

California Quick Reference Chart

Go here for short articles (“Notes”) on several crim/imm topics, as well as the public-facing California Chart.

Immigration advocates and criminal defenders can access additional materials, including the full California Quick Reference Chart, educational videos, articles, and a blog, by filling out this form.

Latest in Crimes

Immigration Consequences of Texas Assault

12/18/2020

This practice advisory explains the various immigration consequences of a conviction for Assault under Texas Penal Code § 22.01 and provides tips for mitigating such consequences in criminal proceedings. It is geared towards immigration attorneys and advocates representing or advising clients with prior or pending Texas assault charges.

Regulation Creates New Crimes Bars to Asylum

12/11/2020

In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct. The...

Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

12/02/2020

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S...

How to Avoid Mandatory ICE Detention

11/30/2020

Update: Note also that the Supreme Court has reversed the Ninth Circuit's beneficial decision in Nielsen v. Preap. See alert in this advisory, and we will issue an updated version of the advisory soon . Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or...

California Sentences and Immigration

11/20/2020

In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed...

Crimes