First Year of Biden-Harris Administration: A failure to make bold needed changes to immigration policies

WASHINGTON - The first year of the Biden-Harris Administration has been a marked failure on making bold and needed changes to immigration policies; instead the administration has trotted out failed tactics from previous administrations. The Immigrant Legal Resource Center (ILRC) urgently demands that the administration start its second year afresh by rejecting the racism which underlies our current immigration system and moving toward immigration policies rooted in racial justice. 

In recent months, the Department of Homeland Security has begun filing thousands of motions to recalendar administratively closed proceedings. This trend is raising questions about how attorneys and accredited representatives can respond to these motions and protect their clients’ interests, particularly in cases that have been administratively closed for many years. This advisory explores those questions and offers strategy considerations when determining how to proceed in each case.

Know Your Rights

Advocates and community members can work together to fight messages of fear and panic by helping community members learn about their rights and how to protect themselves from ICE.

The Immigrant Legal Resource Center has created a variety of materials to educate the community and prepare individuals for possible encounters with immigration authorities.

This tool offers a template that practitioners can use to help identify possible asylum eligibility. The screening questions are intended to elicit information about the basis of an asylum claim, identify possible bars and challenges, and flag areas where further follow-up may be needed. Accompanying the screening tool are some notes to help guide practitioners in assessing relief and spotting potential issues.
This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany a motion to reopen based on ineffective assistance of counsel so that the motion has the best chances of success. Finally, it briefly discusses the option of filing an appeal if the immigration court or the BIA denies the motion to reopen.
The Immigration Legal Resource Center (ILRC) has developed a comprehensive framework to enhance its engagement with directly impacted community members. This framework is designed to systematically involve these individuals in the ILRC’s activities, ensuring that their voices and experiences are central to our work.
The ILRC has published its 2024 Annual Report, which includes information about the initiatives the organization took that year, as well as the organization's financial position.