Table of California PCR Cases
This case table of California post-conviction relief decisions is designed to help practitioners quickly find the cases they need.
A Brief Guide to Observing and Recording ICE Arrests: Tips learned from Rapid Response Teams Across the Country
Shortly after the Trump administration took office in 2025, the government began its directives to ramp up immigration raids and public operations across the country. These large-scale campaigns of mass deportation further exploded after the so-called “One Big Beautiful Bill Act”, or H.R. 1, ballooned the DHS budget to an astronomical $170,700,000,000 of taxpayer dollars over the next four years; creating a new annual ICE budget that is larger than the entire defense budgets of Italy, the Netherlands, Brazil, and Switzerland.
Arguments for Using the SIJS-based Adjustment Provision to Adjust Based on a Different Petition
This practice alert, created in partnership with the End SIJS Backlog Coalition, explores a largely un-tested legal argument that young people with approved SIJS petitions can use the SIJS-specific adjustment provisions at INA § 245(h) to satisfy the “inspected and admitted or paroled” requirement to adjust using some other non-SIJS immigrant petition (for example, a spousal petition).
ILRC Advocacy Letter to US Department of Justice, re: Recognition and Accreditation Program
The U.S. Department of Justice transferred out all permanent staff from the Recognition and Accreditation program in March 2026, rendering the future of the program uncertain. ILRC wrote to DOJ demanding reinstatement of staff and a return to reasonable processing times for applications.
Comment Opposing Proposed Changes to the Board of Immigration Appeals
On April 8, 2026, the ILRC submitted a comment in response to a proposed federal immigration rule that would sharply limit appeals to the Board of Immigration Appeals, arguing that it would weaken due process protections for people facing removal.
Challenging EOIR Bond Denials in Federal Court
When an immigration judge denies bond based on a finding that a person is a danger to the community or a flight risk, what options remain to challenge that decision? As immigration detention expands and bond denials become increasingly common, federal court litigation is emerging as a critical tool to obtain judicial review of these determinations.
VAWA: Recent Significant Updates and Practice Tips
This practice alert will highlight some of the updates and changes implemented with the December 2025 policy manual update. It is important to note that these changes went into effect immediately, on December 22, 2025, and apply to all pending and future cases.
Civil Penalties and Fines - Part I: How to Appeal a Civil Penalty
This practice advisory is Part I of a two-part advisory on civil fines and civil penalties instituted by DHS against noncitizens. Part I discusses the procedures for instituting a fine and recommendations for contesting and appealing a civil fine instituted by DHS. Part II will discuss statutory and Constitutional arguments and defenses against the issuance of fines.
California Crimes Summaries
This page offers resources on “crim/imm,” the law governing the intersection of immigration and crimes, especially as it applies to California law.
Step-by-Step Family Preparedness Plan / Plan de Preparación Familiar
Every family should have a family preparedness plan in case of an emergency. It is equally critical for immigrant families to think ahead and set more concrete plans for immigration-related emergencies that may arise.
To assist in this, we've created this toolkit that goes into detail about different childcare options available in case of an absent parent, how to find trusted immigration services in your community, and how to prepare to assert your constitutional rights in the presence of an immigration officer.
Acquisition & Derivation Quick Reference Charts
These three charts, updated in 2025, outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements, possible arguments where there is any ambiguity, and cites to further resources.
California Penal Code § 245(a) is not a Crime of Violence
On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc).
Critical New Changes to the Immigration Appeals Process
The U.S. Department of Justice has issued a new rule that changes how immigration appeals are handled. The new rule shortens the time you have to appeal—which is how you ask for another court to review an unfavorable decision from an immigration judge.
ILRC Comment to DHS on FOIA Final Rule
ILRC submitted this comment to DHS opposing recent changes to FOIA rules effective January 22, 2026 that restrict public access. DHS published a final rule in violation of the Administrative Procedures Act by unlawfully bypassing public notice and comment. The rule eliminates paper filing of FOIA requests and allows DHS in its discretion to administratively close requests that it deems to insufficiently describe the records sought.
Know Your Rights FAQ
This guide offers practical answers to common questions, so community members can feel more prepared and confident when facing interactions with federal immigration enforcement officials. The guide also highlights specific details concerning Texas and Californian residents.
Attacks on FOIA Continue
On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems the request to be an inadequate description of the records sought.
FOIA Alert on Processing Changes – December 2025
In recent months, practitioners have been reporting troubling new patterns in FOIA processing of A-file requests. Some people report unusually high rejection rates on Freedom of Information Act (FOIA) requests for reasons related to address requirements. Rejections due to “no record” also have been reported even where the requester is sure that there is a record because they have a partial paper trail of contacts with USCIS. Frequent over redaction of FOIA responses also has been reported. This alert discusses the address issue and suggests how to respond.
Deferred Action for Childhood Arrivals: What Practitioners Need to Know
This practice advisory will highlight some trends, policy changes, and what could happen with the future of DACA.
Understanding Mandatory Detention
This advisory explains each of the three statutory grounds for mandatory detention, and defenses and strategies that advocates can use to challenge the designation. It discusses the Laken Riley Act of 2025, the BIA’s decisions in Matter of Q. Li and Matter of Yajure Hurtado, and the current state of national litigation challenging ICE’s expansive use of mandatory detention.
Pros and Cons of Applying for a U Visa
Under the current administration there has been much discussion about whether filing a U nonimmigrant status (“U visa”) petition is risky considering the long processing times, the lack of protection given to applicants while they wait for relief, and the increased enforcement climate. This advisory will lay out some of the main “pros” and “cons” to applying for U nonimmigrant status as they exist now, to help practitioners explain to prospective applicants how to weigh benefits and risks and make an informed decision on how to proceed with their case.
Escalating Immigration Enforcement Practices
This brief spotlights legislative activity in Texas and Florida, it also covers a non-exhaustive list of other states that have recently enacted a patchwork of anti-immigrant laws and policies seeking to harm and hinder immigrant communities and their allies.
Polling Memo - CA Survey on Mass Deportation & Due Process
From October 3-7, 2025, Goodwin Simon Strategic Research surveyed a statewide representative sample of 1,213 registered voters. The poll explored voter attitudes towards mass deportation, recent ICE actions, and sanctuary protections in the state. Uniquely, this poll explores key themes that may be driving Californians’ growing disapproval of mass deportation, including revealing voters’ strong support for due process, including for people with past records, and equal treatment in the legal system, regardless of immigration status. Voters also expressed deep concern with the cost of the Trump
Asylum Cooperative Agreements: What You Must Know
Information about these agreements and the rights of asylum seekers in immigration court proceedings if the government makes this argument in an immigration court hearing.
ILRC Comment Opposing USCIS's Rule Eliminating Auto-Extension of Employment Authorization
ILRC submitted this comment on November 25, 2025 opposing the Interim Final Rule (IFR) eliminating automatic extensions of Employment Authorization Documents (“EADs”). The IFR was improvidently issued without prior notice and comment, is unsupported by data or reasoned analysis, and falsely claims that it is part of a foreign affairs exception intended for regulations which impact international policies.
Expedited Removal and Unaccompanied Children: An FAQ
This resource – created with our partners at the Children’s Immigration Law Academy and National Immigration Project – answers common questions about expedited removal and its application to children and offers arguments against its application to young people who were processed as UCs and young people with approved special immigrant juvenile status (SIJS), should the government attempt to apply it to those groups.
Screening for Immigration Relief: Client Intake Form and Notes
This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options and assessing red flags. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options as well as a summary of common forms of relief. This sample client intake form is generic, to screen for general relief since the goal at the screening stage is not to make a final determination of eligibility but to assess pathways for relief.
ILRC Comment Opposing Revisions to N-648, Medical Certification for Disability Exceptions
On September 30, 2025, ILRC submitted this comment to USCIS to oppose the proposed changes to the N-648 and request that they be withdrawn. The changes create a series of substantial obstacles for naturalization applicants applying for a disability waiver of the English/civics requirement. The proposed changes create a form more than twice the length (10 pp.) of the current form (just over 4 pp.) that creates an undue burden on applicants and the medical professional who must complete the N-648. It also doubles the burden of time for USCIS adjudicators who must review this form.
The barrier
Comment to USCIS on Proposed Changes to Payment Methods, USCIS Policy Manual
The Immigrant Legal Resource Center (ILRC) opposes the general elimination of money order and check payments for immigration benefit filings. This change was introduced by a USCIS alert on changes to the USCIS Policy Manual on August 29, 2025, to be effective as of October 28, 2025. The new guidance states that all applications filed October 28, 2025, or after must pay by ACH bank account payment, credit or debit card, or pre-paid card. No bank checks, certified checks, personal checks or money orders will be accepted thereafter.
USCIS Child Status Protection Act Policy Update
This practice alert provides an overview of updated USCIS policy on the Child Status Protection Act (CSPA), which affects noncitizens hoping to immigrate through adjustment of status as the “child” of a lawful permanent resident or other derivative “child” beneficiary and who might rely upon CSPA to remain classified as a “child” even if their biological age is 21 or older. On August 8, 2025, USCIS announced that it was reversing a 2023 policy relating to the CSPA. This alert describes the 2023 guidance, current guidance, and CSPA provisions impacted by this change.
The ICE Detained Parents Directive: How Child Welfare Agencies and Immigration Attorneys Can Advocate with ICE for Fair Treatment of Detained or Deported Parents
This resource summarizes the ICE Detained Parents Directive – a critical tool to help child welfare agencies and immigration attorneys address challenges for detained or deported parents – and explains how to use the Directive to advocate with ICE.