How the CA TRUST Act Interacts with Local Immigration Enforcement
This guide explains how the California TRUST Act interacts with other ICE enforcement programs in California jails, such as the Criminal Alien Program, 287(g), and Secure Communities.
Deferred Action for Childhood Arrivals Fact Sheet
Deferred Action is a form of prosecutorial discretion that provides a work permit and relief from removal for two years to certain eligible undocumented youth. This fact sheet outlines the benefits of DACA, who is eligible and the requirements.
Transportation under H&S §§ 11352 and 11379 will no longer be an immigration safe plea beginning 1/1/2014
Starting January 1, 2014, a conviction for transportation under H&S 11352 and 11379 will automatically qualify as a drug trafficking aggravated felony. AB 721, signed into law on October 3, 2013, redefines transport to include only transportation for sale and now excludes transportation for personal use.
Family-Based Immigration: Now and Under S.744
Immigration reform has only been approved by the Senate, but as the bill currently stands, S.744 changes several things about the family-based system and also adds merit-based tracks. This document summarizes the proposed changes and additions.
Marriage Equality in Immigration Law: Immigration Benefits for Same-Sex Married Couples
This practice advisory summarizes the immigration benefits for same-sex spouses after the U.S. Supreme Court decision in United States v. Windsor declared section 3 of DOMA (Defense of Marriage Act) unconstitutional. It covers family-based petitions (including VAWA) and nonimmigrant visas for same-sex spouses and children.
USCIS FAQs on Same-Sex Immigration Petitions
USCIS issued these frequently asked questions that address the eligibility and application process for same-sex spouses applying for immigration benefits.
DOS FAQs for Post-DOMA
The Department of State answers frequently asked questions regarding non-immigrant and immigrant visa benefits for same-sex spouses.
Powerpoint on Immigration Reform
The powerpoint focuses on the paths to citizenship, future flow, and enforcement provisions that are in the Senate immigration reform bill titled “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744).
Charts describing the Paths to Citizenship in S.744
The charts lay out the path to citizenship for undocumented individuals, DREAMers, and agricultural workers based on the Senate bill “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013” (S.744). It also summarizes the eligibility requirements and bars at each stage of the process.
Toolkit: Challenging ICE Hold Requests/Immigration Detainers
A manual for organizers on how to prevent local law enforcement from holding immigrants for ICE.
Getting ICE out of Your Jail: Criminal Alien Program Advocacy Guide
New Advocacy Guide for ICE's massive Criminal Alien Program (CAP), from the National Immigrant Project, Washington Defenders Association, and the Immigrant Legal Resource Center.
The ILRC Opposes Efforts to End the Implementation of the DACA Program
Today, the U.S. House of Representatives approved an amendment by Rep. Steve King (R-IA) to HR 2217, the “Department of Homeland Security Appropriations Act2014.” This amendment denies funding to the Department of Homeland Security (DHS) to implement and administer several important programs, including the Deferred Action for Childhood Arrivals (DACA) Program.
Lessons Learned from the Immigration Reform & Control Act of 1986: A Look at the “Border Security, Economic Opportunity & Immigration Modernization Act of 2013”
Drawing from our experiences during and after IRCA, we offer a brief analysis of some of the legalization aspects of the recently introduced Senate Bill—the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013.” We divide our discussion broadly into the positive and negative features of provisions in Senate Bill 744 (S.744) that relate to the length of the path to citizenship, eligibility requirements, and confidentiality provisions, and compare these to the provisions that existed under IRCA.
Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit
In Moncrieffe v. Holder, the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.
Ghosts from the Past: SAW and Future Legalization are Not the Same Thing
Mark Silverman, ILRC Director of Immigration Policy, discusses concerns about fraud under the SAW program and why fraud is less likely to occur under a future legalization program.
Senate “Gang of 8” Immigration Bill Needs More Work to Ensure Fundamental Fairness for All Immigrants
The long-delayed congressional debate over vital immigration reform begins this week following the filing of a bipartisan measure that creates a roadmap to citizenship for a portion of the 11 million immigrants now in the country without documents.
What Documents Will I Need to Apply for DACA?
This resource describes all of the documents that will help in proving the requirements and where to obtain them. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria Dominguez, for their efforts in helping create this resource.
Lessons Learned from Amnesty in 1986
"The Immigration and Naturalization Service, Community-based Organizations, and the Legalization Experience: Lessons for the Self-Help Immigration Phenomenon,” is a law review article written by ILRC’s founder, Bill Hing, in which he discusses lessons learned from the Immigration Reform and Control Act of 1986.
Principles for Immigration Reform that Promote Fairness for All Immigrants
The ILRC, along with WDA, IDP, and NIP, summarize and discuss some of our immigration system’s most egregious aspects, outline five main principles to advocate for with immigration reform, and caution against possible new harmful provisions that we would have to fight for decades to come.