Immigration Removal Defense

Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. Most immigrants cannot afford to have an attorney represent them in court. Sadly, legal representation is the single most important factor in determining whether someone will win or lose their case.

The Immigrant Legal Resource Center (ILRC) builds the capacity of practitioners to represent clients in immigration court proceedings. As national experts in immigration law, the ILRC publishes a hands-on comprehensive manual, Removal Defense: Defending Immigrants in Immigration Court, and offers trainings on this topic. We also support practitioners and pro bono attorneys in their specific cases through our Attorney of the Day (AOD) technical assistance service.

Latest in Removal Defense

After TPS: Options and Next Steps

06/07/2018

Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory describes what TPS recipients and their advocates can do now to understand their legal options. It will...

Non-LPR Cancellation of Removal: An Overview of Eligibility for Immigration Practitioners

06/06/2018

Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card, but the eligibility requirements for non-LPR cancellation are distinct from other means of applying for a green card, and also from other...

Deportation by Any Means Necessary: How Immigration Officials Are Labeling Immigrant Youth as Gang Members

05/21/2018

This report details findings from a national survey of legal practitioners concerning the increased use of gang allegations against young immigrants as a means of driving up deportation numbers, at the encouragement of the Trump administration. The report suggests emerging best practices for immigration attorneys to employ in both fighting against unfounded gang allegations and working to...

How to Avoid Mandatory ICE Detention

05/08/2018

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing . The recent Supreme Court decision in Jennings v. Rodriguez has made the prospects for release even worse. This advisory...

U Nonimmigrant Status as a Defense from Removal for Lawful Permanent Residents

03/02/2018

In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs...