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.
Popular Resources
California Quick Reference 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.
California Notes
This page includes the Public-Facing California Chart, Analysis: Selected Defenses to Selected California Crimes, as well as a series of short articles on crim/imm entitled Notes.
Latest Resources
Practice Advisory
Resources
Publication Date
09/14/2023
This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.
FAQs & Explainers
Resources
Publication Date
08/14/2023
There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions. While expungement provides relief in the California state criminal legal system, it does not provide the same relief in the immigration context. This explainer walks through some key points about this new law and its implication for immigrants with prior contact with law enforcement.
Practice Advisory
Resources
Publication Date
07/17/2023
Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023), the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.
This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence of a year or more for immigration purposes.
This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence of a year or more for immigration purposes.
Practice Advisory
Resources
Publication Date
07/06/2023
This practice advisory provides an overview of the grounds of inadmissibility for Temporary Protected Status (TPS) explaining which grounds do not apply to TPS applicants, which grounds are non-waivable, and which grounds are waivable. It also offers an overview of the TPS waiver of inadmissibility.
Practice Advisory
Resources
Publication Date
06/27/2023
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.
FAQs & Explainers
Resources
Publication Date
05/03/2023
An immigrant legal defense fund pays legal service providers to represent community members facing deportation in immigration court. This resource provides a general overview of immigrant legal defense funds (ILDFs) at the municipal level in Texas, including why they are needed, the goals and components of a strong ILDF, and examples of these funds from across the state.
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.
Practice Advisory
Resources
Publication Date
03/20/2023
Immigration and crimes, or “crim-imm,” can be challenging. Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.
This advisory provides a step-by-step approach to help advocates analyze a case and identify goals. It can be used by criminal defense counsel, immigration advocates, and post-conviction relief counsel. It is not a substitute for consulting with a crim/imm expert, but using it should increase your expertise and help you to better discuss the analysis with the client, argue it to the judge or official, or negotiate with the other side.
This advisory provides a step-by-step approach to help advocates analyze a case and identify goals. It can be used by criminal defense counsel, immigration advocates, and post-conviction relief counsel. It is not a substitute for consulting with a crim/imm expert, but using it should increase your expertise and help you to better discuss the analysis with the client, argue it to the judge or official, or negotiate with the other side.
FAQs & Explainers
Resources
Publication Date
03/01/2023
In August 2021, U.S. Immigration and Customs Enforcement (ICE) announced a new “victim-centered approach” for immigration enforcement. This FAQ outlines what this means, what the directive is expected to do, and who qualifies for this new enforcement approach.
FAQs & Explainers
Resources
Publication Date
03/01/2023
Cannabis legalization has long been a growing theme across the United States, having a place in virtually every recent election cycle and in policy debates related to the federal government’s role in restricting its access, sale, use, and distribution. With many states moving to legalize cannabis for recreational use and with the Biden administration recently deciding to pardon individuals for certain federal convictions related to its possession, it may seem as though we are coming to the end of the cannabis prohibition era. Unfortunately, not only is that moment yet to arrive, but the dangers for immigrants, in particular, could not be higher. This downloadable guide walks through the current intersection of cannabis, criminal, and immigration law and also shares insights about what a pathway out of prohibition could look like.
Related Products
Webinar
Webinar
In this webinar, we will discuss the distinction between motions to terminate, remand, reconsider and reopen. We will discuss which motion to file depending on the posture of your case in immigration court. We will take a deep dive into motions to reopen including how to make effective equitable tolling and sua sponte arguments. In addition, we will discuss hurdles to overcome if your client has departed the United States after the vacatur. Lastly, we will learn how to successfully obtain a bond redetermination hearing in immigration court pending the motion to reopen with the BIA.
Webinar
Webinar
In this webinar, you will learn how to effectively vacate convictions in criminal court to meet the required Pickering standard of “legal invalidity”. We will discuss whether recent resentencing laws and vacaturs enacted for victims of human trafficking and domestic violence meet the Pickering standard. Lastly, we will discuss how to effectively defend your vacatur against attacks by ICE and DHS.
Webinar
Webinar
In this webinar, we will explore the various ways a criminal incident can impact an application for non-LPR cancellation. We will look at the criminal conviction bars, good moral character, the stop-time rule, and discretion. This is an opportunity for those familiar with the basics of Non-LPR Cancellation to think through how to analyze the eligibility of clients with some potential bad facts in the mix.
Webinar
Webinar
Level: Beginner / Intermediate
In this webinar, attendees will receive a comprehensive, top-level review of how to analyze an immigration case when criminal history is present. We will provide a top-level overview of the grounds of inadmissibility, grounds of deportability, aggravated felonies, good moral character, and immigration relief. Attendees will leave with the ability to issue spot the key issues in crim/imm cases.
Presenters
Kathy Brady
Kathy Brady is a Staff Attorney based in San Francisco. She has worked with the ILRC since 1987. Along with expertise in family immigration, immigrant children and youth, and removal defense, she is a national expert on the intersection of immigration and criminal law. She is a frequent speaker and consultant, and has co-authored several manuals including Defending Immigrants in the Ninth Circuit (ILRC), California Criminal Defense of Immigrants (CEB), the chapter on representing immigrants in California Criminal Law – Procedure and Practice (CEB), and Immigration Benchbook for Juvenile and Family Courts (ILRC). She helped found coalitions and projects to address these issues, including as a co-founder of the Defending Immigrants Partnership and the Immigrant Justice Network. Kathy served as a Commissioner to the American Bar Association Commission on Immigration from 2009-2012. In 2007 she received the Carol King award of advocacy from the National Immigration Project of the National Lawyers Guild.
Before working at the ILRC Kathy was in private practice in immigration law with Park & Associates in San Francisco.
Kathy attended Stanford University and the University of California Berkeley School of Law, and has taught immigration law as an adjunct professor. She is a member of the California Bar and is conversant in Spanish.
Grisel Ruiz
Grisel Ruiz is a Supervising Attorney in San Francisco where she focuses on the intersection between immigration law and criminal law. This includes advising attorneys and advocates on the immigration consequences of criminal offenses, training on removal defense, and supporting local and statewide campaigns to push back on immigration enforcement. In addition to technical assistance, training, and campaign support in these areas, Grisel also helps lead the ILRC’s state legislative work. Grisel is currently the Board Chair for Freedom for Immigrants (formerly CIVIC), a nonprofit that advocates for detained immigrants.
Prior to working with the ILRC, Grisel was a litigation associate at Pillsbury Winthrop Shaw Pittman LLP and a Stimson Fellow housed at the UC Davis Law School Immigration Clinic and California Rural Legal Assistance Foundation. As a legal fellow, she co-founded “Know Your Rights” programs at local immigration detention centers, for which she received an award from Cosmo for Latinas.
Grisel is an immigrant herself and earned her law degree from the University of Chicago where she received the Tony Patiño Fellowship. She received her undergraduate degree from the University of Notre Dame, where she dual majored in Political Science and Spanish Literature. Grisel is admitted to the bar in California is fluent in Spanish.
In this webinar, attendees will receive a comprehensive, top-level review of how to analyze an immigration case when criminal history is present. We will provide a top-level overview of the grounds of inadmissibility, grounds of deportability, aggravated felonies, good moral character, and immigration relief. Attendees will leave with the ability to issue spot the key issues in crim/imm cases.
Presenters
Kathy Brady
Kathy Brady is a Staff Attorney based in San Francisco. She has worked with the ILRC since 1987. Along with expertise in family immigration, immigrant children and youth, and removal defense, she is a national expert on the intersection of immigration and criminal law. She is a frequent speaker and consultant, and has co-authored several manuals including Defending Immigrants in the Ninth Circuit (ILRC), California Criminal Defense of Immigrants (CEB), the chapter on representing immigrants in California Criminal Law – Procedure and Practice (CEB), and Immigration Benchbook for Juvenile and Family Courts (ILRC). She helped found coalitions and projects to address these issues, including as a co-founder of the Defending Immigrants Partnership and the Immigrant Justice Network. Kathy served as a Commissioner to the American Bar Association Commission on Immigration from 2009-2012. In 2007 she received the Carol King award of advocacy from the National Immigration Project of the National Lawyers Guild.
Before working at the ILRC Kathy was in private practice in immigration law with Park & Associates in San Francisco.
Kathy attended Stanford University and the University of California Berkeley School of Law, and has taught immigration law as an adjunct professor. She is a member of the California Bar and is conversant in Spanish.
Grisel Ruiz
Grisel Ruiz is a Supervising Attorney in San Francisco where she focuses on the intersection between immigration law and criminal law. This includes advising attorneys and advocates on the immigration consequences of criminal offenses, training on removal defense, and supporting local and statewide campaigns to push back on immigration enforcement. In addition to technical assistance, training, and campaign support in these areas, Grisel also helps lead the ILRC’s state legislative work. Grisel is currently the Board Chair for Freedom for Immigrants (formerly CIVIC), a nonprofit that advocates for detained immigrants.
Prior to working with the ILRC, Grisel was a litigation associate at Pillsbury Winthrop Shaw Pittman LLP and a Stimson Fellow housed at the UC Davis Law School Immigration Clinic and California Rural Legal Assistance Foundation. As a legal fellow, she co-founded “Know Your Rights” programs at local immigration detention centers, for which she received an award from Cosmo for Latinas.
Grisel is an immigrant herself and earned her law degree from the University of Chicago where she received the Tony Patiño Fellowship. She received her undergraduate degree from the University of Notre Dame, where she dual majored in Political Science and Spanish Literature. Grisel is admitted to the bar in California is fluent in Spanish.
Publication
Publication
FOIA Requests and Other Background Checks: A Practical Guide to Filing Records Requests in Immigration Cases provides practitioners with a one-stop guide for information about why, when, where, and how to file background checks in immigration cases. This guide describes the various federal agencies and components that generally hold immigration records, explains how to request records and appeal denials or incomplete responses, and provides tips for certain circumstances, such as representing minors or immigrants in removal proceedings.
Webinar
Webinar
Convictions and other criminal system contact jeopardize eligibility for asylum and withholding of removal. Recent regulations have expanded these criminal bars to these critical forms of protection from persecution. This webinar will discuss up-to-date case law on the "particularly serious crime" and other regulatory criminal bars to asylum and withholding, strategies for challenging criminal bars in immigration court, and pursuing protection under the Convention Against Torture ("CAT") for clients who are not eligible for asylum or withholding due to convictions or other criminal bars.