The Immigrant Legal Resource Center (ILRC) immigration attorneys’ expertise focuses on family-based immigration, humanitarian relief, naturalization and citizenship, immigration enforcement, and removal defense.
Since 1979 we have helped expand the immigration expertise of attorneys, nonprofit staff, criminal defenders, and others assisting immigrant clients.
In addition to authoring the ILRC’s practice manuals, our expert attorneys have been published by Continuing Education of the Bar (CEB), American Immigration Lawyers Association (AILA), ILW.com, Huffington Post, Sargent Shriver National Center on Poverty Law, Center for Law and Social Policy, The Hill, LexisNexis Emerging Issues, and Fox News Latino.
We have also provided training to National Council of Juvenile and Family Court Judges, National Association of Criminal Defense Lawyers, American Immigration Lawyers Association (AILA), American Bar Association Commission on Immigration, Federal Bar Association, The State Bar of California, Legal Aid Association of California, Judicial Council of California and more.
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.
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.
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.
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.
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.
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.
Report by the ILRC calling for the end of immigration raids targeting Central American families and outlining the legal and factual grounds for the expansion of Temporary Protected Status (TPS) for El Salvador, Guatemala, and Honduras. This report also provides estimates regarding the number of individuals that would benefit under an expansion of TPS.
California recently enacted ten new laws to ensure liberty and access to justice for immigrants in our state. Two of those laws impact immigrant youth in particular:
The BIA stated that Cal PC § 273a(b) is not a deportable crime of child abuse, in Matter of Mendoza-Osorio.
After a record number of unaccompanied children came to the United States in 2014, the U.S. is again responding to a new influx of children and families from Central America. This one-page resource sheet for individuals interacting with unaccompanied children in the U.S. can be used to help children get connected with legal, educational, medical, mental health, and faith-based services.
AB 1343 is a new law that safeguards due process for immigrants inthe criminal justice system by ensuring that immigrants are provided access to fair, honest, and competent legal advice. Check out this infographic to learn more!
In Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc) the Ninth Circuit held that if a statute is divisible, an applicant for relief must provide evidence from the reviewable record of conviction that proves that the conviction does not bar eligibility, under the modified categorical approach. An inconclusive record of conviction is not sufficient.
In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.
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.
This guide explains how the California TRUST Act interacts with other ICE enforcement programs in California jails, such as the Criminal Alien Program, 287(g), and Secure Communities.
A permanent resident with convictions from before April 1, 1997 may be eligible for a powerful waiver under the former INA § 212(c)—even if the offense was an aggravated felony. Yielding to the U.S. Supreme Court opinion in Judulang, the BIA has dramatically increased the type of offenses that can be waived. See practice advisory by the NIPNLG and IDP, entitled "Matter of Abdelghany: Implications for LPRs Seeking § 212(c) Relief" at https://nationalimmigrationproject.org/PDFs/practitioners/practice_advisories/crim/2014_14Mar_matter-abdelghany.pdf.
This memorandum was sent to all California County Counsel offices on December 19, 2013. The letter discusses interpretation and implementation of the TRUST Act. Advocates may use this letter to better understand the Act as well as in advocacy.
The last update to Form N-400, Application for Naturalization, was April 1, 2024. U.S. Citizenship and Immigration Services (USCIS) only accepts the current version of the form. The ILRC developed an annotated form to assist practitioners and volunteers in completing the N-400.
This summary provides details on recent groundbreaking federal court rulings related to immigration detainers. Learn what these decisions mean and how to use this information with your own local sheriffs, other law enforcement, and elected officials.
On February 4, 2014 the United States Citizenship and Immigration Service (USCIS) introduced a new N-400 (Rev. 9/13/13), Application for Naturalization form that was updated in April and December 2016. All naturalization applicants must use the new form only. To help attorneys, BIA accredited representatives, and others learn how to complete this new form, we have developed a step-by-step guide.
This op-ed on Unaccompanied Alien Children was written by one of our summer law interns, Kathleen Kavanagh. In recent months, we’ve seen an unprecedented jump in child arrivals mostly from Honduras, El Salvador, and Guatemala. The Official Border Patrol statistics show that over 47,000 unaccompanied minors have already been apprehended in the first eight months of fiscal year 2014.Read the entire article below.
On July 21, 2014, Governor Brown signed into law a provision that will make a California misdemeanor have a maximum possible sentence of 364 days. This will provide crucial help to immigrants convicted of minor offenses.