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

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.

How to Address Evidentiary Issues in Bond Proceedings

12/16/2019

Preparing a strong case for bond for detained clients has become more important than ever. This practice advisory discusses how to address evidentiary issues and challenges in bond proceedings and provides tips for proving your bond case, as well as overcoming negative factors.

How to Check if You Have a Criminal Record

11/26/2019

This guide provides step-by-step guidance on how to check if you have a criminal record from the FBI and state government agencies.

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

11/12/2019

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 somewhat complex, and in 2019 the U.S. Supreme Court will hear a case deciding an aspect of the most complex part, the “stop-clock” rule for determining seven years of residence. See...