2016 Annual Report
The ILRC’s work is about far more than politics and immigration law. It is about keeping families and communities of all backgrounds where they rightfully belong–together. This compels the ILRC’s staff to remain focused on protecting the progress made in our field to date and to continue to call for greater protections for immigrants in our country. Read more on ILRC’s 2016 Annual Report.
Immigration Consequences of Driving under the Influence
This practice advisory goes through all of the ways that an arrest or conviction for California driving under the influence (DUI) can affect an immigrant, and reviews possible changes to the law. It also will discuss reckless driving as an alternative to DUI.
Local Options for Protecting Texas Immigrants & Their Families
This resource explains key provisions that Texas cities and counties can enact in order to protect immigrants in light of SB 4.
California Criminal Sentences and Eligibility for Relief
Criminal sentence can have a big impact on immigration status and eligibility for relief. In this Advisory, we discuss how immigration law treats different sentencing dispositions in general, and then apply that to California sentencing law. We talk about how advocates can use California law, including the newly amended Penal Code § 18.5, to help their clients.
Criminal and Inadmissibility Bars for 2017 Dream Act and Related Legislation
Chart comparing the criminal and inadmissibility bars for the DREAM Act of 2017, Recognizing America's Children Act, SUCCEED Act, American Hope Act of 2017, BRIDGE Act, and DACA.
The Lawsuits Against SB 4, The Texas Bill Signed To Terrorize Immigrants
Cities, counties, commissioners, mayors, sheriffs, and other elected officials have all sued the state of Texas over its controversial anti-immigrant law, SB4. This backgrounder explains the primary claims of the lawsuits, who all the parties are, and what is happening with SB4.
A Guide to Obtaining U Visa Certifications
This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants. It also includes a summary of all state laws, as of July 2017, that have either passed or are pending regarding U Visa certification policies and protocols.
Why Community Prosecutors Should Care about the Immigration Consequences of Convictions
Heidi Altman and Angie Junck authored this article for the Association of Prosecuting Attorneys.Originally published in Lex Quod Ordo, the Association of Prosecuting Attorneys Quarterly Newsletter, Winter/Spring 2014, Volume IV, Issue IV. http://www.apainc.org/
Judicial Council Forms for Reducing Felonies to Misdemeanors, Vacating Deferred Entry of Judgment Convictions, and Expungements
The Judicial Council of California produces forms for pro se petitioners. The CR-180 and CR-181 forms cover various forms of “clean slate” remedies, including reducing felonies to misdemeanors (17(b)), set asides and dismissals (1203.4), and vacaturs after successful completion of probation (1203.43). The forms also contain a notation to 18.5 which makes clear that felonies reduced to misdemeanors carry a maximum of 364-day sentence.
Immigration Consequences Primer for District Attorneys
Prepared by Angie Junck and Raha Jorjani, this primer is designed to educate District Attorneys interested in learning more about the immigration impact of criminal convictions.
Practice Alert on Flores v. Sessions: Ninth Circuit Holds that All Detained Children Have the Right to a Bond Hearing
This practice alert provides a summary of Flores v. Sessions, a recent Ninth Circuit decision that held that all detained children have the right to a bond hearing. It discusses why Flores v. Sessions was necessary, what its impact may be for detained youth, and details practice tips for advocates representing detained children seeking bond hearings.
Sessions' Legal Memo on the Executive Order Defunding Sanctuary Cities
In May 2017, Attorney General Sessions issued a memo clarifying the interpretation of Trump's Executive Order to de-fund "sanctuary furisdictions." The Memo narrowly defines "sanctuary jurisdictions" and explains that the de-funding threat only applies to a few grant programs. This advisory explains what Sessions' Memo said, and how it affects communities that might be considered "sanctuary jurisdictions."
Alien Smuggling: What It Is and How It Can Affect Immigrants
Alien smuggling can affect an immigrant in several different ways: Alien smuggling is a ground of inadmissibility, a ground of deportability, a bar to good moral character, and a conviction for alien smuggling is an aggravated felony. Screening for alien smuggling is particularly important in light of Secretary of U.S. Department of Homeland Security John Kelly’s memoranda directing his agency to prioritize immigration enforcement against alien smugglers, and U.S. Attorney General Jefferson Sessions’ directive to federal prosecutors to prioritize prosecution of alien smuggling. This
Letter from 300+ National, State, and Local Organizations Opposing USCIS Director Confirmation
Letter from 300+ national, state, and local non-profit organizations to the U.S. Senate opposing Lee Francis Cissna's nomination for director of U.S. Citizenship and Immigration Services and asking senators to "hold" his nomination.
Immigration Relief for Immigrant Survivors of Abuse: Comparative Quick Reference Chart
This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.
Rose Cahn’s Testimony before the US Commission on Civil Rights’ Hearing on Collateral Consequences
In May, the US Commission on Civil Rights convened a hearing on collateral consequences. The Commission solicited testimony from thought leaders about the lingering consequences that convictions can cause. Rose Cahn submitted testimony regarding the intersection of crimes and immigration law and laid out clear policy recommendations for jurisdictions interested in mitigating or eliminating the immigration consequences of criminal convictions.
Letter from NGOs Opposing H.R. 3003 and H.R. 3004
Letter from 400+ national, state, and local non-profit organizations opposing H.R. 3003, the No Sanctuary for Criminals Act, and H.R. 3004, Kate's Law.
Using Your Red Cards
Please reference the below documents for examples of the Red Cards in action. Special thanks to CultureStrike for creating helpful illustrations!
Adjusting Prosecutor Filing and Disposition (FAD) Standards to Recognize Disproportionate Consequences for Non-Citizens
This document provides guidelines to prosecutor offices on considering the immigration consequences of criminal cases.
Sample One-Page Order Granting 1473.7 Motion
So you’ve won a 1473.7 motion, now what? For immigration purposes it’s important to document the victory and secure a signed order from an immigration judge. The signed order need not go into great detail; under Matter of Pickering, it is sufficient for the order to state generally that the conviction was vacated on a ground of legal invalidity. Attached please find a sample order for a grant of a 1473.7 motion.
ILRC Statement on H.R. 495, the “Protection of Children Act”
The ILRC joins numerous child welfare and immigration advocates across the country in urging all members of the House Judiciary Committee to protect the best interests of children by opposing H.R. 495, the “Protection of Children Act.” H.R. 495 asks Congress to break away from long-held standards of child welfare in the United States. This bill inhumanely seeks to strip vulnerable children of existing legal protections, and goes a step further to encourage the increased deportation of these children back to the very danger they fled from.
SB 4 Community Advisory
This resource offers background on what you should know about SB 4, the new Texas law regarding immigration enforcement, and how you can protect yourself and your loved ones.
Supreme Court Rules on Sexual Abuse of a Minor
Cal. P.C. § 261.5(c) is not an aggravated felony, but the law may change for the worse on § 261.5(d)Esquivel Quintana v. AG Sessions (May 30, 2017)
Fair Treatment Denied
Report by the ILRC that estimates the number of current and future undocumented immigrants that could be deported without due process under President Trump's forthcoming expansion of expedited removal.
Letter from 200+ National, State, and Local Organizations Opposing H.R. 2431
Letter from National, State, and Local non-profit organizations opposing the Trump Mass Deportation Act (The Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act, H.R. 2431).
T Visas: What They Are and How They Can Help Your Clients
This practice advisory is designed to introduce legal workers to the T visa. It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa applicants.
The Promise of Sanctuary Cities and the Need for Criminal Justice Reforms in an Era of Mass Deportation
Local criminal justice policies, such as vagrancy laws and cash bail requirements, endanger vulnerable immigrant populations and undercut the promise of “sanctuary” cities, according to a report released today by Harvard Law School’s Fair Punishment Project, the Immigrant Defense Project, and the Immigrant Legal Resource Center. The report urges city and county leaders who want to protect immigrants to act swiftly to end harmful criminal justice practices that criminalize poverty and send undocumented residents into the deportation pipeline.