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.
On August 12, 2024, ILRC provided comments to USCIS on proposed changes to the application forms for T Nonimmigrant status. The comment urged USCIS to make additional changes to the form including removing the requirement for disclosure of juvenile adjudications and vacated criminal records and implementing uniform confidentiality and privacy language on the forms to ensure that the applicant’s sensitive information is protected.
Tags: U Visa/T Visa/VAWA
Tags: U Visa/T Visa/VAWA
Immigrant survivors of domestic violence face significant barriers in seeking both domestic violence support services and immigration legal assistance. Lack of lawful status, fear of deportation, and language barriers make it difficult for immigrant survivors to access critical services. These challenges can be even more acute in underserved and rural areas, such as California’s San Joaquin Valley. This project aims to fortify the economic stability of immigrant survivors of domestic violence in California’s rural San Joaquin Valley by facilitating access to lawful immigration status, employment authorization, and public benefits for immigrant survivors, thus reducing their risk of poverty and homelessness.
On July 23, 2024, the ILRC provide comment on the Biden Administration’s proposed re-scheduling of marijuana. The ILRC advocated for the complete de-scheduling of marijuana instead of rescheduling. The comment highlighted the racist impacts of maintaining marijuana on the schedule of controlled substances and the lack of any mitigating effect that rescheduling will have on immigration consequences of marijuana-related crimes
On July 15, 2024, the ILRC along with Disability Rights Education and Defense Fund (DREDF) provided comment on Form N-648, Medical Certification for Disability Exceptions. ILRC and DREDF urged the agency to remove a question that conflates the disability exceptions for English and civics testing with waivers for the oath of allegiance.
On May 17, 2024, the ILRC provided comment to USCIS on proposed changes to the forms to apply for a U Visa. This is the second time that ILRC provided comment on proposed changes and USCIS accepted some of our previous comments in the newest version. We reiterated some previous requests in response to the agency’s changes and also requested that USCIS extend grace periods for the old forms to mitigate the harm to applicants who would have had to get new law enforcement certifications on new forms, which USCIS granted.
On June 6, 2024, the ILRC submitted a comment in support of DHS’s temporary final rule (TFR) providing automatic extensions of employment authorization documents. The TFR specifically requested comment on whether the measure should be permanent and how long permanent automatic extensions should be. The ILRC wrote in support of a long and permanent auto-extension policy to ensure that applicants are not harmed by administrative delays that lead to lapses in document validity.
Texas authorities have expansively interpreted a 2024 law that imposes a 10-year mandatory minimum sentence on people convicted under the state's smuggling law to include giving rides to undocumented people, The Immigrant Legal Resource Center (ILRC), Human Rights Watch (HRW), Detention Watch Network (DWN), and AJA Advocacy Solutions said this report highlighting the law’s harm. The brief states that most people prosecuted for smuggling in Texas are young US citizens. Texas law enforcement officers have a troubled track record with identifying alleged smugglers, and now the state has raised the stakes of each arrest significantly.
New for 2024: Deferred Action for Childhood Arrivals (DACA) may still be in a holding pattern due to ongoing lawsuits in federal court, but the program remains active for those seeking to renew their employment authorization. This brief explainer details the 5 key things to be aware of if you are a DACA recipient.
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.
On July 8, the ILRC submitted a comment opposing the Biden administration’s interim final rule (IFR) entitled “Securing the Border.” The IFR unlawfully restricts asylum access by restricting entry and creating a bar to asylum eligibility when there have been a certain number of encounters at the southern U.S. border.
While politicians enact and reenact their reckless border theatrics, the ILRC surveyed border residents about their actual needs and how the influx of law enforcement efforts has affected them. We found that while the state of Texas spends more and more money on police and prisons, local governments are starved of funding and communities lack the most basic services, including clean water, paved roads, and street lights.
On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that incorporates DACA into the Federal Regulations, a process that serves to codify the program into law. Since its announcement, there have been several questions around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This Community Explainer details how the rule impacts current DACA recipients, how ongoing court battles affect how DACA is implemented, and more.
If you are undocumented and have been a victim of a crime, served as a witness for law enforcement, or have been subject to human trafficking, you may be eligible to apply for certain forms of immigration status. These are known as U, T, and S visas. In most cases, the application process for these visas will require help from a law enforcement agency. This Community Explainer details how a new California law, AB 1261, aims to better protect immigrants who are applying for these forms of relief and ensure that California law enforcement agencies help them when needed.
On June 12, the ILRC submitted a comment opposing the Biden administration’s proposed rule that seeks to apply certain mandatory bars to asylum at the fear screening stage. The proposed rule contradicts the administration’s previous finding that such a policy would be inconsistent with statutory intent. It would also deprive asylum seekers of an opportunity to access asylum procedures by adding legally complex bars to the threshold screening for eligibility.
Thousands of noncitizens in California are at risk of removal because they have criminal convictions that were unlawfully imposed. California law provides several ways to eliminate these convictions with post-conviction relief (PCR). The challenge is that there are not enough PCR experts to meet the need, especially for low-income immigrants.
Special Immigrant Juvenile Status (SIJS) provides a pathway to a green card for young people who have been “abandoned, abused, or neglected” by a parent. This Community Explainer unpacks what that means, what the SIJS key benefits are, and how one may become eligible to apply for this path to relief.
This Community Alert is a reminder for recipients of Temporary Protected Status (TPS) from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan that re-registration deadlines are coming soon. Review to learn about the deadlines for each country.
Everyone, regardless of immigration status, has a constitutionally guaranteed right to free speech and lawful assembly. Noncitizens, however, are uniquely placed at a disadvantage when exercising those rights if law enforcement intervene and make arrests. Read and share our one-pager in English and Spanish to learn about the top 10 things noncitizen protestors should know before they take to the streets to exercise their rights.
This updated guidance, written with our partners Immigrant Legal Defense (ILD), International Rescue Committee (IRC), and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for special immigrant juvenile status (SIJS) in California. It incorporates guidance from the 2022 SIJS regulations as well as the USCIS Policy Manual, and includes helpful citations to California law. It also includes sample predicate orders from family, probate, dependency, and delinquency courts.
This resource - created in partnership with the End SIJS Backlog Coalition, CILA, and NIPNLG - addresses common questions and myths about the visa bulletin, how to talk to clients about the SIJS backlog, and how both advocates and directly impacted young people can get involved in the Coalition’s work to end the backlog and its harms.
