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.
How Will DACA Help Me?
Outlines all of the benefits that come with obtaining DACA approval. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria Dominguez, for their efforts in helping to create this resource.
Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States
In Chaidez v. United States, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky, 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla, the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.
Practice Advisory for Criminal Defenders: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama
This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.
Understanding the Criminal Bars to the Deferred Action Policy
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
DACA Criminal Bars Chart
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses
Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar, 25 I&N Dec. 850 (BIA 2012).
The Quick Reference Chart and Notes for Arizona Offenses
Updated October 2012! A guide to assist public defenders and other to determine the immigration consequences of selected Arizona offenses.
LPR Bars to § 212(h) – To Whom Do They Apply?
Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012). Section 212(h) of the INA1 is an important waiver of crimes-based grounds ofinadmissibility.
Ninth Circuit Decides Key Issues about Categorical Approach; Overturns Sandoval-Lua
The Ninth Circuit En Banc Decides Key Issues About the Categorical Approach; overturns Sandoval-Lua: Young v. Holder __F.3d__ (9th Cir. Sept. 17, 2012) (en banc). This quick Advisory provides the headlines from an important Ninth Circuit case published today. Further advisories may provide a more in-depth analysis.
USCIS Q&A Notes from 2012 Memphis FBA Conference
These notes were taken at the May 18-19, 2012 conference and contain lots of important practice questions, updates and filing tips for U visa cases.
US Department of State: “Visas for Victims of Criminal Activity”
This page from DOS provides information on how to apply for a U nonimmigrant visa, the required documents and fees, visa ineligibility and more.https://travel.state.gov/content/travel/en/us-visas/other-visa-categori…