Resources
Publication Date
04/29/2016
The Immigrant Legal Resource Center, with our partners the Lawyers Committee for Civil Rights in the San Francisco Bay Area and Californians for Safety and Justice, are pleased to provide a manual on how to help immigrants get post-conviction relief in California. Here is a link to the manual, and a separate link to the Practice Aids in the Appendices.
Resources
Publication Date
06/24/2016
A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliable evidence, including evidence from outside the record of conviction, to try to meet its burden of proving the relationship.
Resources
Publication Date
11/13/2019
National Map of Local Entanglement with ICE
Resources
Publication Date
02/13/2017
This brief fact sheet explains the federal statute of 8 USC § 1373 and its relation to policies limiting compliance with immigration detainers or other immigration enforcement assistance by local law enforcement agencies, also called “Sanctuary Policies.” These policies do not generally conflict with 8 USC § 1373 and therefore do not put localities in jeopardy of losing federal funds.
Resources
Publication Date
07/29/2016
This updated memo explores recent case law on immigration detainers and how the 2015 detainer forms are still constitutionally deficient. Local jails who detain immigrants for ICE continue to risk liability for unlawful detentions.
Resources
Publication Date
05/13/2011
Overview of the Anti-Fraud CampaignILRC Announces Major Immigration Fraud Public Awareness Campaign. The ILRC has been a leader in the educational campaign to warn immigrants about immigration fraud. Too often, immigrants fall prey to scam artists that promise them an easy path to legal status only to cheat them out of their hard-earned money and, often, put them at risk of deportation. To combat this problem, ILRC has produced and distributed thousands of graphic novels, or comic books, in English, Spanish and Chinese that warn immigrants about typical immigration fraud scams.
Resources
Publication Date
12/09/2010
The DREAM Act is proposed federal legislation that would help thousands of hard-working students realize their dreams of legalizing their immigration status. Specifically, the DREAM Act would provide legal status and access to financial aid to those young people who have graduated from a high school in the United States or received a GED, entered the United States before they were 16 years of age, and have been in the United States for at least five years. In order to qualify, each student would have to complete two years of higher education, or serve in the United States Armed Forces for at least two years. It is very inspiring to ILRC that these "DREAM Act" students, especially those in the California DREAM network, are working together and with others for the enactment of this legislation in the United States Congress.
Resources
Publication Date
05/02/2012
On August 30, 2011, USCIS issued a policy memorandum on eligibility to self-petition as a battered or abused parent of a U.S. citizen.
Resources
Publication Date
11/19/2010
This guide is designed to walk you through the document-gathering requirements under the 1994 Violence Against Women Act (VAWA) and its more recent revisions and updates. Though not a comprehensive explanation of the law or its requirements, it is instead a user-friendly resource to gathering the necesary documents for a VAWA self-petition.
Resources
Publication Date
09/19/2019
This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options.
Resources
Publication Date
08/03/2016
In this issue: The ILRC Pushes Forward After a Disappointing Setback from the Supreme Court; 2016 Legislative Updates in California; New Americans Campaign Celebrates Fifth Anniversary with New Site; 2015 Annual Report
Resources
Publication Date
12/18/2015
In this issue: Immigrants Shape California Legislative Package; The other side of the immigration debate; Protecting Undocumented Youth in the Child Welfare System; ILRC Combats Unjust Immigration Enforcement
Resources
Publication Date
08/03/2016
Immigration was one of the leading issues in our country in 2015. Animosity toward immigrants grew last year, and with it the threat of deportation and anti-immigrant policies. Thanks to our partners, allies, and the community, 2015 was a year we celebrated wins in our fight to advance immigrant rights. Read more in ILRC’s 2015 Annual Report.
Resources
Publication Date
08/19/2016
Policy statement in opposition to U.S. Customs and Border Protection's proposal to collect the social media information of individuals entering the United States through the Visa Waiver Program.
Resources
Publication Date
09/06/2016
Letter from 102 law professors and scholars in the areas of immigration, migration, administrative, and international law to President Obama outlining the legal authority for the use of Temporary Protected Status for El Salvador, Honduras, and Guatemala to provide relief from deportation to 1.2 million undocumented immigrants.
Publication
Now available and updated for 2013! The Case Update to the Defending Immigrants in the Ninth Circuit: Impact of Crimes under California and Other State Laws. The PDF provides the 2013 update only to the 10th Edition, and does not include the full book.
Publication
Completely updated in 2014. A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, BIA accredited representatives, and nonprofit community-based organizations. The Guide is unique among immigration law manuals because it provides a comprehensive detailed overview of the law that is both practical and easy to use. More than a compilation of immigration law topic articles, it’s a how-to manual containing clearly worded explanations of each subject and includes sample applications, charts, and examples to illustrate the concepts. This invaluable resource also provides practical advice on working with your clients to elicit the information you need to assist them efficiently and accurately.
Publication
Criminal defense attorneys who represent noncitizens and immigration attorneys alike have long relied on ILRC’s expertise and resources in defense of noncitizens in criminal and immigration proceedings. This manual shows step-by-step how to identify, analyze and defend against the adverse immigration consequences of charges, using a combination of user-friendly charts, summaries and practice aids, and in-depth discussion of defense strategies. It includes extensive discussion of California offenses, including new defense strategies for assault, domestic violence, drugs, sexual crimes with minors and other commonly charged offenses. A key section describes new strategies for how to control the record of conviction in pleas to "divisible" statutes. The book includes chapters on defense of juveniles, requirements for immigration applications (asylum, cancellation, etc.), immigration detainers and detention, and post-conviction relief.
Publication
This manual continues to be one of ILRC’s best-selling resources because it contains a unique combination of legal analysis and practice. This manual describes in detail the different standards applicable in hardship law, as well as the factors involved in that analysis; and it demonstrates how to work with clients to elicit and to convey the information that will win a hardship claim.
Publication
The central focus of the curriculum is to help immigrants develop and refine their leadership and advocacy skills, and to teach them how to help others apply for citizenship. Using interactive teaching techniques, the curriculum is designed to give every student an opportunity to practice the skills taught during the training. Divided into 11 training units, the curriculum takes approximately 31 hours to teach, depending on the number of students and co-trainers.
Publication
Developing leadership skills among immigrant and refugee communities is more important now than ever. Since the attacks of September 11, 2001, there has been a widely reported increase in the hostilities, violence and discrimination against immigrant and refugee communities. Immigrant leaders, with the proper skills and tools, can help the community understand its rights, develop strategies for educating the public about who immigrants and refugees are and the benefits they bring to our society, and work to ensure that any new immigration legislation includes adequate provision of services.
Publication
Naturalization and U.S. Citizenship: The Essential Legal Guide. Now in its 13th Edition, the ILRC continues to write the most accessible comprehensive guide on the naturalization process and citizenship. Consisting of 14 chapters and extensive appendices, this indispensable guide thoroughly addresses the entire process of representing a naturalization applicant from the initial client meeting through the oath of allegiance. You will find sample forms, Immigration Service memos, practice guides, and many other essential tools for both private attorneys and practitioners working with community-based organizations. This edition includes a detailed explanation of the nuances involved in determining whether a naturalization applicant has sufficient good moral character to qualify for naturalization, a clear and complete description of the myriad of ways in which an absence could affect one’s naturalization application, and an explanation of the newly released N-400 form and how to best complete it. Overall the reader will learn detailed eligibility requirements for naturalization and helpful suggestions on both procedural issues and ways to effectively work with naturalization clients. We discuss what to do if a naturalization application is denied and how to determine if a client may already be a U.S. citizen through either acquisition or derivation of citizenship. The guide has the most user-friendly group of charts on how to determine if someone gained U.S. citizenship through acquisition or derivation of citizenship in existence. The Essential Legal Guide covers valuable information on how to help applicants with disabilities apply for naturalization. One of the strengths of the Essential Legal Guide is that it is very easy to read and understand for lawyers and other community advocates, including paralegals, community and labor organizers, and teachers. With dozens of examples demonstrating the legal concepts and thousands of citations to the law, regulations, and court cases, the reader will be thoroughly prepared to do the legal research necessary to successfully support clients towards applying for and winning naturalization.
Publication
Remedies and Strategies for Permanent Resident Clients. Protect your permanent resident clients from being removed under a deportation or inadmissibility ground using the expert analysis and framework for representation contained in this manual. Designed as a “how to” manual, we provide clear, concise and detailed explanations of the grounds of removal permanent residents are most likely to face; when the grounds of inadmissibility and deportation do and don’t apply; how to argue that they don’t apply, and the immigration remedies available for each. We also discuss our tips for working with clients to elicit the evidence necessary to successfully defend their cases.
Publication
Immigrant children and youth may be eligible for special types of immigration relief available just for children, or they may be eligible for immigration relief in different ways than adults. In addition, separate procedures may and often do apply in the immigration process for children and youth. A new federal law enacted in December 2008, called the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, further introduced important new protections for the treatment of unaccompanied minors in the immigration system.
Publication
The VAWA Manual: Immigration Relief for Abused Immigrants is a completely revised edition of our popular, comprehensive guide for advocates working with immigrant survivors of domestic violence.
Publication
The U Visa: Obtaining Status for Immigrant Victims of Crime will guide you through the entire process of handling an immigration case for a U visa applicant – from eligibility screening for U nonimmigrant status to communicating about the wait list and deferred action through adjustment of status to assisting eligible family members and helping U nonimmigrants travel. In addition to providing a thorough explanation of the requirements and application processes, this manual includes numerous practice pointers and sample materials to help you in handling your client’s case. These include sample checklists, cover letters, declarations, receipt notices and other correspondence you can expect to receive from USCIS, motions to submit to the immigration court, and more.
Publication
This handbook contains lessons learned and promising practice tips in the context of a team-based approach to serving human trafficking survivors. It is based on years of experience representing survivors of human trafficking acquired by the authors, national experts Lynette M. Parker, Cindy Liou, and Ivy Lee. These lessons and tips focus on the experiences of the San Francisco Bay region, but may have applicability to other regions of the United States.