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 report details findings from a national survey of legal practitioners concerning the increased use of gang allegations against young immigrants as a means of driving up deportation numbers, at the encouragement of the Trump administration. The report suggests emerging best practices for immigration attorneys to employ in both fighting against unfounded gang allegations and working to mitigate the impact of prior gang involvement.
This practice advisory discusses how the Child Status Protection Act protects children of asylees and refugees through the immigration process, including the asylum application, the Form I-730, and adjustment.
Upon the January 1, 2017 enactment of Penal Code 1473.7, the LA District Attorney took the position that the motions were not ripe unless a final removal order or notice to appear had issued. Thanks to advocacy of organizations and individuals, especially Harland Braun, on April 17, 2018, the LA District Attorney Office changed their policy noting that “the Office is persuaded that the Legislature intended section 1473.7 to apply regardless of whether the moving party has received notice of removal proceedings or a removal order.”
Form N-648, the Medical Certification for Disability Exceptions, provides an opportunity for naturalization applicants who have a physical, developmental, or mental health disability to naturalize without meeting the English and/or civics requirements. On February 12, 2019, new USCIS policy guidance went into effect regarding Form N-648. Since August 12, 2019, USCIS only accepts the new edition of Form N-648, dated 5/23/19. Incorporating current guidance, these two practice advisories review the criteria for the N-648, address how medical providers can complete a successful N-648 for naturalization applicants, and cover procedural issues relating to completing and submitting Form N-648. The first practice advisory reviews the statutory and regulatory criteria for the disability exception. The second practice advisory describes how to complete Form N-648 in partnership with a medical professional, as well as the procedure for submitting the form.
Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing. Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your client may be subject to mandatory detention, and what immigration advocates and criminal defense counsel can do to help their clients to avoid it.
This resource contains a chart comparing various federal legislative proposals attacking sanctuary jurisdictions.
The final step in the naturalization process is the oath of allegiance to the United States. The oath demonstrates loyalty to the United States and the Constitution. All applicants must demonstrate that they are “attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.” The oath also includes statements that the applicant is willing to “bear arms on behalf of the United States,” and “perform noncombatant service in the Armed Forces” when required by law.
What is 287(g)?287(g) is a program for allowing state and local agencies to act as immigration enforcement agents. Under 287(g), ICE forms an agreement with a state or local agency - most often a county sheriff that runs a local jail - and this agreement delegates specific immigration enforcement authority to designated officers within the local agency. These agreements are also known as “287(g) contracts” or “MOAs” (Memorandum of Agreement). The program gets its name from section 287(g) of the Immigration and Nationality Act.
Resources to understand Dimaya v. Sessions, a decision by the Supreme Court to invalidate part of the immigration law on constitutional grounds.
Recent government announcements and court cases on DACA have created confusion around who can apply, when they can apply, and how they can apply for DACA. To mitigate this confusion, here is an informational FAQ for your reference.
This infographic provides a simple, visual representation of the current status of the DACA program.
Since 1986, the Continuing Education of the Bar, in its “Crim Law Bible,” California Criminal Law Procedure and Practice, has included a chapter about representing the noncitizen criminal defendant. This chapter and the advice therein is often cited as establishing the prevailing professional norms at the date of any given conviction.
This advisory provides an introduction to the Affidavit of Support including various ways to meet the financial requirements, different types of sponsors who may submit Affidavits of Support, who is considered a “household member” for purposes of the Affidavit of Support, and exemptions to the Affidavit of Support.
In October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. This practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the Reserve Components. This practice advisory was jointly authored by the Immigrant Legal Resource Center, the National Immigration Forum, and the New Americans Campaign.
Statement for the Record by the ACLU, IDP, IJN, ILRC, NIJC and NIP on the Senate Judiciary Committee Subcommittee on Border Security and Immigration for the May 23, 2018 Hearing Titled "TVPRA and Exploited Loopholes Affecting Unaccompanied Alien Children": In this statement for the record, the ILRC, along with our partners discuss the dehumanizing and cruel responses by the Trump Administration and immigration hardliners to children seeking safety in the United States.
Immigration law has its own definition of what constitutes a criminal "conviction." Because most, although not all, immigration consequences require a conviction, if your client does not have a conviction the immigration case might be saved. This Advisory discusses which dispositions that come out of criminal court actually constitute a conviction for immigration purposes, and how to avoid a conviction. It has been updated to include the BIA's decision that a conviction on direct appeal of right does not have sufficient finality to be a conviction for immigration purposes.
In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an introduction to U nonimmigrant status and details its benefits for LPRs facing deportation, as well as the particular issues LPRs may face in seeking this form of protection.
Vote No on Heller 1954 Criminal Alien Gang Member Removal Act: Policy statement in opposition to the Criminal Alien Gang Member Removal Act, which if passed would lead to unchecked racial profiling and other unconstitutional police practices.
This infographic shows options for how a TPS holder may be able to get a green card through a U.S. citizen family member.
Schools across the country are working to protect their students and students’ families from immigration enforcement activities on campus. However, the school to prison to deportation pipeline is often overlooked in efforts to keep students safe. This resource explains how an incident at school can result in a youth facing deportation, and encourages schools to review their disciplinary polices to ensure they are not sending students to ICE.
This advisory discusses the provisions of SB 54 (De Leon) and the California Values Act, relevant to criminal defense counsel who represent noncitizen clients. In addition to discussing specific provisions of the California Values Act, this advisory discusses how to incorporate this new law into your defense practice.
This resource provides analysis on why congressional proposals to expand penalties for reentry prosecutions should be rejected.
This resource discusses how current immigration laws criminalize individuals, and provides analysis of current congressional proposals.
This resource analyzes congressional proposals on gangs, discusses how gang affiliation impacts immigration enforcement, and discusses solutions and examples.
On November 20, 2017, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for Haiti. This TPS designation was supposed to expire on January 22, 2018. DHS has given TPS holders from Haiti an additional 18 months of TPS status (until July 22, 2019) and it is unlikely that TPS for Haiti will be extended past that date.