Resources
Publication Date
09/29/2016
This report provides a thorough analysis of California’s Proposition 64, or The Adult Use of Marijuana Act, and its potential impact on immigrants with marijuana offenses. The report covers the intersection of immigration and criminal law, the current impact of marijuana offenses on a variety of immigration outcomes, and the ways in which Proposition 64 could help mitigate the immigration consequences of some marijuana-related drug offenses. This report was generously funded by Drug Policy Action.
Resources
Publication Date
09/29/2016
AB 813 Provides a New Vehicle to Vacate a California ConvictionSB 1242 Makes the 364-Day Misdemeanor Law RetroactiveSB 2792 (TRUTH Act) Protects the Rights of Immigrants in California Jails
Resources
Publication Date
09/07/2016
Letter from 380 national, state, and local non-profit organizations to President Obama requesting that he expand Temporary Protected Status for El Salvador, Honduras, and Guatemala and provide relief from deportation to 1.2 million undocumented immigrants.
Resources
Publication Date
09/07/2016
This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.
Resources
Publication Date
09/06/2016
Letter from 102 law professors and scholars in the areas of immigration, migration, administrative, and international law to President Obama outlining the legal authority for the use of Temporary Protected Status for El Salvador, Honduras, and Guatemala to provide relief from deportation to 1.2 million undocumented immigrants.
Resources
Publication Date
08/19/2016
Policy statement in opposition to U.S. Customs and Border Protection's proposal to collect the social media information of individuals entering the United States through the Visa Waiver Program.
Resources
Publication Date
08/03/2016
In this issue: The ILRC Pushes Forward After a Disappointing Setback from the Supreme Court; 2016 Legislative Updates in California; New Americans Campaign Celebrates Fifth Anniversary with New Site; 2015 Annual Report
Resources
Publication Date
08/03/2016
Immigration was one of the leading issues in our country in 2015. Animosity toward immigrants grew last year, and with it the threat of deportation and anti-immigrant policies. Thanks to our partners, allies, and the community, 2015 was a year we celebrated wins in our fight to advance immigrant rights. Read more in ILRC’s 2015 Annual Report.
Resources
Publication Date
07/29/2016
This updated memo explores recent case law on immigration detainers and how the 2015 detainer forms are still constitutionally deficient. Local jails who detain immigrants for ICE continue to risk liability for unlawful detentions.
Resources
Publication Date
06/24/2016
A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliable evidence, including evidence from outside the record of conviction, to try to meet its burden of proving the relationship.
Resources
Publication Date
05/17/2016
This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.
Resources
Publication Date
05/09/2016
In November 2014, California voters passed Proposition 47, a historic record changing opportunity. The below resources are aimed at educating community members, advocates, and lawyers on the immigration benefits of Proposition 47.
Resources
Publication Date
04/29/2016
The Immigrant Legal Resource Center, with our partners the Lawyers Committee for Civil Rights in the San Francisco Bay Area and Californians for Safety and Justice, are pleased to provide a manual on how to help immigrants get post-conviction relief in California. Here is a link to the manual, and a separate link to the Practice Aids in the Appendices.
Resources
Publication Date
04/15/2016
In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.
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Publication Date
03/22/2016
In Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc) the Ninth Circuit held that if a statute is divisible, an applicant for relief must provide evidence from the reviewable record of conviction that proves that the conviction does not bar eligibility, under the modified categorical approach. An inconclusive record of conviction is not sufficient.
Resources
Publication Date
03/21/2016
Effective January 1, 2016, a new California drug law will help defendants avoid catastrophic immigration consequences for minor offenses.
Resources
Publication Date
02/26/2016
AB 1343 is a new law that safeguards due process for immigrants inthe criminal justice system by ensuring that immigrants are provided access to fair, honest, and competent legal advice. Check out this infographic to learn more!
Resources
Publication Date
02/22/2016
After a record number of unaccompanied children came to the United States in 2014, the U.S. is again responding to a new influx of children and families from Central America. This one-page resource sheet for individuals interacting with unaccompanied children in the U.S. can be used to help children get connected with legal, educational, medical, mental health, and faith-based services.
Resources
Publication Date
02/19/2016
The BIA stated that Cal PC § 273a(b) is not a deportable crime of child abuse, in Matter of Mendoza-Osorio.
Resources
Publication Date
02/03/2016
SB 674 is a new California law that took effect on January 1, 2016. The goal of this law is to ensure that all immigrant crime victims in California have equal access to immigration status through the U visa.
Resources
Publication Date
02/03/2016
California recently enacted ten new laws to ensure liberty and access to justice for immigrants in our state. Two of those laws impact immigrant youth in particular:
Resources
Publication Date
01/12/2016
Report by the ILRC calling for the end of immigration raids targeting Central American families and outlining the legal and factual grounds for the expansion of Temporary Protected Status (TPS) for El Salvador, Guatemala, and Honduras. This report also provides estimates regarding the number of individuals that would benefit under an expansion of TPS.
Resources
Publication Date
12/18/2015
In this issue: Immigrants Shape California Legislative Package; The other side of the immigration debate; Protecting Undocumented Youth in the Child Welfare System; ILRC Combats Unjust Immigration Enforcement
Resources
Publication Date
12/03/2015
This chart shows the effect that immigration law gives to different types of state post-conviction relief, including the new California Penal Code § 1203.43.
Resources
Publication Date
12/02/2015
A review of four different models used throughout California, in advising noncitizen defendants of the immigration consequences of criminal offenses. This protocol provides interviews with defenders currently practicing these models, as well as practical tips and resources in establishing similar models in your jurisdiction.