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

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.

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...

Community Advisory about District Attorneys and the Arrest to Deportation Pipeline (English and Spanish)

01/28/2020

This community facing advisory in both English and Spanish explains the power of county prosecutors to determine who does, or doesn’t, suffer immigration consequences.

Eligibility for Relief: Waivers Under INA § 212(h)

01/03/2020

Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always...

Prosecutorial Obligations with DUI and DACA

12/16/2019

California law requires prosecutors to consider immigration consequences when plea bargaining. Cal. Pen. C. 1016.3(b). This memo describes the unique duties prosecutors have when charging and negotiating DUI-related cases with DACA recipients.