Former Immigration Judges with decades of experience as immigration law experts released this statement, stating that the proposed Texas legislation, HB4 & SB4, which would allow a state court magistrate judge to issue a removal order is not lawful.
AILA, ILRC, CAST, Lucas & Barba LLP, Urban Justice Center, Her Justice, and ASISTA coordinated a stakeholder meeting on May 8, 2023. These unofficial notes capture the questions asked and general information shared by USCIS staff.
These are two archived lists of policy wins the ILRC has been involved with: at a statewide level (particularly in California), and also at a national level through advocacy with U.S. Citizenship and Immigration Services (USCIS).
In 2016, California enacted California Penal Code § 1473.7, a post-conviction relief vehicle allowing people no longer in criminal custody to vacate legally defective convictions. Ever since, the ILRC has supported advocates to implement this law, including helping to defend the vacaturs from DHS attempts to erode its impact. In Arias v. Garland, a case currently pending before the Ninth Circuit, the court will decide whether 1473.7 should be given full effect, erasing the conviction for immigration purposes. The ILRC helped coordinate Mr. Arias’s amicus strategy and we offer his redacted merits brief as well as the extraordinary amicus briefs submitted in support so that they might help practitioners facing similar arguments. The briefing in the Arias case represents some of the most robust arguments for why 1473.7 vacaturs should be recognized, but we also include below the various prior briefs, advisories, and sample materials we have developed in the defense of the full reach of 1473.7.
So, you’re organizing a local town hall or candidate forum about DA and immigration; great! ILRC has developed a number of resources that can be helpful.
In Stokeling v. United States, the Supreme Court addressed the definition of a "crime of violence" under the ACCA. This advisory alerts public defenders and immigration advocates to possible immigration challenges caused by Stokeling, and defense strategies.
Since 1986, the Continuing Education of the Bar, in its “Crim Law Bible,” California Criminal Law Procedure and Practice, has included a chapter about representing the noncitizen criminal defendant. This chapter and the advice therein is often cited as establishing the prevailing professional norms at the date of any given conviction.
These policies include city and county ordinances and administrative policies, as well as state laws, all of which limit the compliance of local law enforcement with ICE holds to some degree. Many other campaigns are ongoing; pending legislation or policies are not yet included here.