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 advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.
Letter from 380 national, state, and local non-profit organizations to President Obama requesting that he expand Temporary Protected Status for El Salvador, Honduras, and Guatemala and provide relief from deportation to 1.2 million undocumented immigrants.
Letter from 102 law professors and scholars in the areas of immigration, migration, administrative, and international law to President Obama outlining the legal authority for the use of Temporary Protected Status for El Salvador, Honduras, and Guatemala to provide relief from deportation to 1.2 million undocumented immigrants.
Policy statement in opposition to U.S. Customs and Border Protection's proposal to collect the social media information of individuals entering the United States through the Visa Waiver Program.
Immigration was one of the leading issues in our country in 2015. Animosity toward immigrants grew last year, and with it the threat of deportation and anti-immigrant policies. Thanks to our partners, allies, and the community, 2015 was a year we celebrated wins in our fight to advance immigrant rights. Read more in ILRC’s 2015 Annual Report.
In this issue: Immigrants Shape California Legislative Package; The other side of the immigration debate; Protecting Undocumented Youth in the Child Welfare System; ILRC Combats Unjust Immigration Enforcement
In this issue: The ILRC Pushes Forward After a Disappointing Setback from the Supreme Court; 2016 Legislative Updates in California; New Americans Campaign Celebrates Fifth Anniversary with New Site; 2015 Annual Report
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.