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.
In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can erase or mitigate certain criminal grounds of removability.
This table provides state law statutes and descriptions of existing laws that require people to identify themselves to law enforcement officers—also known as Hiibel laws or Stop-and-Identify laws. The nuances of requirements under these laws may vary, but the chart provides a preliminary survey and research of statutes across the country, to educate individuals about their own state requirements and provide a first step for deeper research.
This advisory is a follow-up to the ILRC’s free webinar on hardship in waivers from the fall, 2017. Given the volume of questions received during the webinar and overall strong interest in this topic (over 1,000 people registered for this webinar!), this advisory covers the basics and also incorporates frequently asked questions. In this practice advisory you will find an overview of hardship in waivers: when you need to prove hardship, whose hardship counts, and what is hardship. It also covers tips and strategies for analyzing and proving “extreme hardship” in your case by using USCIS guidance, case law, and working closely with your client.
This article was written by Rose Cahn and former prosecutors from Fair and Just Prosecution for the American Bar Association, Criminal Justice Magazine, Winter 2018, Volume 32, Number 4.
This is a summary of the California Criminal and Immigration Laws Passed over the last several years to mitigate the impact of deportations, immigration enforcement, and immigration detention.
Sanctuary policies have continued to grow over the first year of the Trump administration. This detailed report describes what sanctuary policies are and how they are enacted across the country, detailing the changes in 2017 and providing context to the public discourse about local policies related to immigration.
On January 8, 2018, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for El Salvador. This TPS designation was supposed to expire on March 9, 2018. DHS has extended TPS for El Salvador for a final 18-month period (until September 9, 2019) and has not indicated that they plan to extend or renew TPS for El Salvador past that date. On January 18, 2018, DHS published a notice in the Federal Register explaining how TPS holders from El Salvador can re-register and re-apply for work permits, or Employment Authorization Documents (EAD). This is a summary of what you can do now.
This infographic outlines who is eligible to renew DACA, documents needed, and resources available. Please check back for translated versions.
On January 9, 2018, a federal court ruled that while a lawsuit decides whether the termination of DACA was unlawful, U.S. Citizenship and Immigration Services (USCIS) must continue to accept renewal applications. This is guidance on who is eligible to apply at this time. Please note, as the lawsuit moves forward, this advice may change.
On January 9, 2018, U.S. District Court for the Northern District of California issued an important ruling on the termination of the DACA program. The court granted plaintiffs’ request for a preliminary injunction, putting the rescission of the DACA program on hold until a final determination is made in the case. The court ordered USCIS to resume accepting DACA renewal applications. This resource provides a legal summary of issues that were decided and what they mean moving forward.
This toolkit provides advocates with the tools to effectively meet with local law enforcement regarding the California Values Act (SB 54) and enforcement policies generally. The toolkit includes the steps advocates should take prior to any law enforcement meeting, a sample agenda, sample questions, a FAQ section, and other tools.
This page provides several tools: an updated and a comprehensive Practice Advisory on the legal issues; a Practice Alert on the Policy Manualamendment; community flyers that you can download and use to help warn clients and community; and a sample written warning about working in the industry from the California Employment Development Department.
On November 6, 2017, the Department of Homeland Security (DHS) announced changes to the Temporary Protected Status (TPS) program that impact TPS holders from Honduras and Nicaragua. On December 15, 2017, DHS published notices in the Federal Register explaining how TPS holders from these two countries can re-register and re-apply for work permits, or Employment Authorization Documents (EAD).
USCIS recently updated the Form I-485, Application to Adjust Status. Among other notable changes, the new form has increased in length from six pages to 18 pages, the form instructions are now 42 pages, and the section on eligibility and inadmissibility has been expanded to include entirely new questions about working without authorization, false claims to U.S. citizenship, and unlawful voting. This advisory provides an overview of changes to the Form I-485, and discusses a few new or changed questions that we think merit particular attention. The changes we discuss apply to both the June 2017 and December 2017 revisions to the Form I-485.
As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction for immigration purposes. This Advisory will discuss how pretrial diversion works, and how to assist immigrants who went through the old Deferred Entry of Judgment.
This practice advisory is designed to introduce practitioners to the concept of Conditional Permanent Residence, and to explain the requirements and processes for removing the conditions on residence, thereby enabling the conditional resident to obtain Lawful Permanent Residence that can last indefinitely.
A conviction of a crime involving moral turpitude (CIMT) may or may not hurt an immigrant, depending on a number of factors set out in the Immigration and Nationality Act: the number of CIMT convictions, the potential and actual sentence, when the person committed or was convicted of the offense, and the person’s immigration situation. A single CIMT conviction might cause no damage, or it might cause a variety of penalties ranging from deportability to ineligibility for relief to mandatory detention.
It is important to maintain valid immigration documents. Unfortunately, when unexpected natural disasters such as fires, floods, or earthquakes occur, documents may be destroyed or lost. This can leave you unprotected and vulnerable without a way to travel, verify authorization to work, prove U.S. citizenship, identify yourself, or check on pending applications. Below is information on the process to request replacement documents, what evidence you will need to file, and the associated filing fees.
This is a comprehensive (but not exhaustive) list of important laws passed in California in 2017 pertaining to immigrants, spanning the areas of education, housing, employment and worker's rights, healthcare, criminal justice/law enforcement, immigration detention, and gang databases.
This resource for child welfare social workers provides updates on immigration policy affecting children and families, discusses how immigration enforcement impacts the child welfare system, describes protections that exist to help keep immigrant families intact, and provides resources for social workers to support and work more effectively with immigrant families.
In 2014, the Immigrant Legal Resource Center (ILRC) celebrated its 35th anniversary. Together with the immigrant community and its partners, ILRC is battling the unjust immigration policies that further marginalize those who are often overlooked. Our efforts resonate with a deep commitment to help keep families together.
In this issue: Post-DACA Legislation Proposals; The ILRC Covers Ground in D.C.; Legislative Victories: A Cause for Cautious Celebration; The Wall: A Symbol of Inhumanity; The ILRC Helps Support Santa Clara County Immigrant Outreach Day; and much more!
AB 699 is California’s new bill on education equity around immigration and citizenship status. Starting Jan. 1, 2018, AB 699 requires that all local educational agencies in California implement additional protections to ensure that all students, regardless of immigration status or country of birth, have the opportunity to pursue their education without undue fear or risk.