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FAQs & Explainers
Resources

Know Your Rights Script & Skit
Publication Date
12/04/2017
The Know Your Rights Skit is a guide for presenting know your rights materials in the case of contact with ICE. The document includes a skit which is designed to educate participants while reducing fears.
Toolkit & Reports
Resources

The Promise of Sanctuary Cities and the Need for Criminal Justice Reforms in an Era of Mass Deportation
Publication Date
05/04/2017
Local criminal justice policies, such as vagrancy laws and cash bail requirements, endanger vulnerable immigrant populations and undercut the promise of “sanctuary” cities, according to a report released today by Harvard Law School’s Fair Punishment Project, the Immigrant Defense Project, and the Immigrant Legal Resource Center. The report urges city and county leaders who want to protect immigrants to act swiftly to end harmful criminal justice practices that criminalize poverty and send undocumented residents into the deportation pipeline.
Practice Advisory
Resources

T Visas: What They Are and How They Can Help Your Clients
Publication Date
05/09/2017
This practice advisory is designed to introduce legal workers to the T visa.  It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa applicants.
Toolkit & Reports
Resources

Fair Treatment Denied
Publication Date
06/02/2017
Report by the ILRC that estimates the number of current and future undocumented immigrants that could be deported without due process under President Trump's forthcoming expansion of expedited removal.
Practice Advisory
Resources

Supreme Court Rules on Sexual Abuse of a Minor
Publication Date
06/05/2017
Cal. P.C. § 261.5(c) is not an aggravated felony, but the law may change for the worse on § 261.5(d)Esquivel Quintana v. AG Sessions (May 30, 2017)
Resources
Resources

Annotated Detainer Form 2021
Publication Date
10/12/2021
This sample ICE detainer is annotated to highlight what advocates should look for, and explains some of the legal problems with detainers.
Resources
Resources

Annotated ICE Administrative Warrants 2017
Publication Date
06/06/2017
In March 2017, DHS created a new policy where they would send an administrative warrant along with all ICE detainer requests. Along with this policy, they released new ICE warrant forms: I-200, and I-205. These annotated forms explain what ICE warrants mean and whom they are directed to.
Resources
Resources

Legal Analysis of ICE Warrants
Publication Date
06/06/2017
This detailed memo analyzes the authority of ICE administrative warrants and why they fail to meet Constitutional standards. The memo examines why DHS has decided to issue ICE warrants along with ICE detainers, and explains the similarities and differences between these two types of documents. The memo focuses on how the existence of administrative ICE warrants does not confer immigration authority onto local and state law enforcement officers.
Resources
Resources

ICE Warrants Basics
Publication Date
06/06/2017
This short summary explains what ICE warrants (also called administrative immigration warrants or civil immigration warrants) do, and links to resources for further information and analysis.
Resources
Resources

SB 4 Community Advisory
Publication Date
06/06/2017
This resource offers background on what you should know about SB 4, the new Texas law regarding immigration enforcement, and how you can protect yourself and your loved ones.
Resources
Resources

ILRC Statement on H.R. 495, the “Protection of Children Act”
Publication Date
06/13/2017
The ILRC joins numerous child welfare and immigration advocates across the country in urging all members of the House Judiciary Committee to protect the best interests of children by opposing H.R. 495, the “Protection of Children Act.” H.R. 495 asks Congress to break away from long-held standards of child welfare in the United States. This bill inhumanely seeks to strip vulnerable children of existing legal protections, and goes a step further to encourage the increased deportation of these children back to the very danger they fled from.
Resources
Resources

Sample One-Page Order Granting 1473.7 Motion
Publication Date
06/14/2017
So you’ve won a 1473.7 motion, now what? For immigration purposes it’s important to document the victory and secure a signed order from an immigration judge. The signed order need not go into great detail; under Matter of Pickering, it is sufficient for the order to state generally that the conviction was vacated on a ground of legal invalidity. Attached please find a sample order for a grant of a 1473.7 motion.
Resources
Resources

Using Your Red Cards
Publication Date
06/26/2017
Please reference the below documents for examples of the Red Cards in action. Special thanks to CultureStrike for creating helpful illustrations!
Public Comments / Sign-on Letters
Resources

Letter from NGOs Opposing H.R. 3003 and H.R. 3004
Publication Date
06/27/2017
Letter from 400+ national, state, and local non-profit organizations opposing H.R. 3003, the No Sanctuary for Criminals Act, and H.R. 3004, Kate's Law.
Resources
Resources

Rose Cahn’s Testimony before the US Commission on Civil Rights’ Hearing on Collateral Consequences
Publication Date
06/30/2017
In May, the US Commission on Civil Rights convened a hearing on collateral consequences. The Commission solicited testimony from thought leaders about the lingering consequences that convictions can cause. Rose Cahn submitted testimony regarding the intersection of crimes and immigration law and laid out clear policy recommendations for jurisdictions interested in mitigating or eliminating the immigration consequences of criminal convictions.
Resources
Resources

Alien Smuggling: What It Is and How It Can Affect Immigrants
Publication Date
07/18/2017
Alien smuggling can affect an immigrant in several different ways:  Alien smuggling is a ground of inadmissibility, a ground of deportability, a bar to good moral character, and a conviction for alien smuggling is an aggravated felony.  Screening for alien smuggling is particularly important in light of Secretary of U.S. Department of Homeland Security John Kelly’s memoranda directing his agency to prioritize immigration enforcement against alien smugglers, and U.S. Attorney General Jefferson Sessions’ directive to federal prosecutors to prioritize prosecution of alien smuggling.  This practice advisory will walk through what “alien smuggling” is, how it can affect an immigrant client in each of these contexts, and practice tips for when alien smuggling might come up in your client’s case.
Resources
Resources

Sessions' Legal Memo on the Executive Order Defunding Sanctuary Cities
Publication Date
07/19/2017
In May 2017, Attorney General Sessions issued a memo clarifying the interpretation of Trump's Executive Order to de-fund "sanctuary furisdictions." The Memo narrowly defines "sanctuary jurisdictions" and explains that the de-funding threat only applies to a few grant programs. This advisory explains what Sessions' Memo said, and how it affects communities that might be considered "sanctuary jurisdictions."
Practice Advisory
Resources

Practice Alert on Flores v. Sessions: Ninth Circuit Holds that All Detained Children Have the Right to a Bond Hearing
Publication Date
07/21/2017
This practice alert provides a summary of Flores v. Sessions, a recent Ninth Circuit decision that held that all detained children have the right to a bond hearing. It discusses why Flores v. Sessions was necessary, what its impact may be for detained youth, and details practice tips for advocates representing detained children seeking bond hearings.
Resources
Resources

California Crimes Summaries
Publication Date
01/24/2022
This page offers resources on “crim/imm,” the law governing the intersection of immigration and crimes, especially as it applies to California law.
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Resources

Judicial Council Forms for Reducing Felonies to Misdemeanors, Vacating Deferred Entry of Judgment Convictions, and Expungements
Publication Date
08/08/2017
The Judicial Council of California produces forms for pro se petitioners.  The CR-180 and CR-181 forms cover various forms of “clean slate” remedies, including reducing felonies to misdemeanors (17(b)), set asides and dismissals (1203.4), and vacaturs after successful completion of probation (1203.43).  The forms also contain a notation to 18.5 which makes clear that felonies reduced to misdemeanors carry a maximum of 364-day sentence.
Resources
Resources

Immigration Consequences Primer for District Attorneys
Publication Date
08/08/2017
Prepared by Angie Junck and Raha Jorjani, this primer is designed to educate District Attorneys interested in learning more about the immigration impact of criminal convictions.
Practice Advisory
Resources

A Guide to Obtaining U Visa Certifications
Publication Date
08/10/2017
This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants.  It also includes a summary of all state laws, as of July 2017, that have either passed or are pending regarding U Visa certification policies and protocols.
FAQs & Explainers
Resources

The Lawsuits Against SB 4, The Texas Bill Signed To Terrorize Immigrants
Publication Date
08/18/2017
Cities, counties, commissioners, mayors, sheriffs, and other elected officials have all sued the state of Texas over its controversial anti-immigrant law, SB4.  This backgrounder explains the primary claims of the lawsuits, who all the parties are, and what is happening with SB4.