Immigrant Youth
The Immigrant Legal Resource Center (ILRC) is one of only a few technical assistance organizations nationally and in California with expertise on immigrant youth, including unaccompanied minor (UAC) issues. Undocumented immigrant children are an extremely vulnerable population, especially when they enter foster care, removal proceedings, and/or the juvenile justice system. The ILRC works to expand the rights of these immigrant children through policy and advocacy efforts, numerous in-person and webinar trainings, and case-specific assistance. We also write one of the only national publications addressing immigrant youth issues entitled, Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth.
Many immigrant youth in the United States may be eligible to apply for lawful immigration status. One of the most common immigration options for immigrant youth is special immigrant juvenile status (SIJS), which is a pathway to a green card for immigrant children who have been abused, abandoned, or neglected by one or both of their parents. Other common forms of relief for children include U visas (for children who were victims of crimes), relief under the Violence Against Women Act (for children who were abused by a U.S. citizen or permanent resident parent or spouse), and asylum (for children who are afraid of returning to their home country).
Post-Conviction Relief
The Immigrant Legal Resource Center (ILRC) is one of only a few technical assistance organizations nationally and in California with expertise on immigrant post-conviction relief, including clean slate and other record clearance remedies. Immigrants with criminal convictions are more vulnerable than any other group to being a target for deportation and make up the overwhelming majority of deportations that occur in any year.
The ILRC works to protect the rights of individuals who have come into contact with the criminal justice system through policy and advocacy efforts, numerous in-person and webinar trainings, case-specific assistance, and our pro bono immigrant post-conviction relief project.
For people whose convictions effectively close all doors to immigration relief, vacating the conviction in criminal court is the only way to preserve a chance of remaining in the United States. The underlying convictions are frequently unlawful. Commonly, the defect lies with a noncitizen defendant’s failure to understand or have been advised or defended against a conviction’s immigration consequences. Recognizing that “deportation is an integral part—indeed, sometimes the most important part—of the penalty that may be imposed on noncitizen defendants,” the Supreme Court held in Padilla v. Kentucky that a defense counsel’s failure to provide this immigration advice renders a conviction unconstitutional.”
California Post-Conviction Relief Vehicles
Helping Immigrant Clients with Post-Conviction Legal Options
Enforcement
The Department of Homeland Security detains and deports hundreds of thousands of immigrants every year. The massive immigration enforcement regime has devastating effects on immigrant families and communities. The Immigrant Legal Resource Center (ILRC) has been at the forefront of campaigns locally and nationally to fight back against immigration enforcement and protect immigrant rights.
The ILRC provides resources and support to communities and organizations working on immigration enforcement issues, including background explanations, strategy tools for campaigns, legal and policy analyses, and ongoing assistance to campaigns fighting against unfair immigration enforcement.
Popular Resources
State Map on Immigration Enforcement
National Map of Local Entanglement with ICE
National Map of 287(g) Agreements
Local Policy Interventions for Protecting Immigrants
Open Records Laws for Immigrant Rights Advocates
The Role of Sheriffs and the Arrest-to-Deportation Pipeline
Annotated Detainer Form 2021
Carceral Carousel
ILRC Resources on 287(g)
National Map of Local Entanglement with ICE
Citizenship and Naturalization
There are many advantages to becoming a U.S. citizen—including helping family members immigrate to the United States, traveling with a U.S. passport, and voting in U.S. elections. Millions of lawful permanent residents are eligible to naturalize but need support to take the important step of becoming a U.S. citizen.
The Immigrant Legal Resource Center (ILRC) provides critical support to organizations helping immigrants navigate the naturalization process. We provide trainings and technical assistance, publish the top practitioner’s guide, Naturalization and U.S. Citizenship: The Essential Legal Guide, engage in federal and local advocacy. Through the national New Americans Campaign, we also develop and disseminate best practices in providing access to naturalization services.
New Americans Campaign
Removal Defense
Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. Most immigrants cannot afford to have an attorney represent them in court. Sadly, legal representation is the single most important factor in determining whether someone will win or lose their case.
The Immigrant Legal Resource Center (ILRC) builds the capacity of practitioners to represent clients in immigration court proceedings. As national experts in immigration law, the ILRC publishes a hands-on comprehensive manual, Removal Defense: Defending Immigrants in Immigration Court, and offers trainings on this topic. We also support practitioners and pro bono attorneys in their specific cases through our Attorney of the Day (AOD) technical assistance service.
Prosecutors
Prosecutors have a vital role to play in ensuring that expanding federal immigration enforcement does not undermine community trust, public safety, or the fair administration of justice. As courts become gateways to the deportation pipeline, all actors in the criminal justice system, including prosecutors, must examine their practices and policies with respect to immigrants.
Since the 1980s the ILRC has been a national leader in addressing the immigration consequences of crime and delinquency. For the last decade, the ILRC has led national efforts to engage and educate prosecutors about the immigration consequences of crime at the local and federal level. As the primary drafters of a landmark piece of legislation requiring prosecutors to consider immigration consequences, we have actively engaged in policy advocacy to transform prosecutorial practices. We have worked directly with elected prosecutors throughout the country to draft and enact policies that mitigate or eliminate the devastating lifelong impact of criminal convictions. We are regularly called upon to provide trainings and guidance to District Attorney offices and state associations. We also support local campaigns where we arm directly impacted communities with the immigration-related resources they need to further their work to increase prosecutorial accountability.
LGBT
Lesbian, Gay, Bisexual, and Transgender (LGBT) immigrants often face unique challenges due to their sexual orientation or gender identity. Some flee persecution in their home countries or have experienced discrimination and trauma in the United States. Others need assistance in changing their gender marker on official documents or navigating a family-based immigration case.
The Immigrant Legal Resource Center (ILRC) provides training and resources to ensure that legal services address these complex issues and are provided in a culturally competent manner. Our manual, LGBTQ Immigration: Ensuring Equality for All, provides practice tips and legal guidance for service providers of all levels of experience. The ILRC is committed to advancing local and federal policies that are responsive to the experiences of all members of the immigrant community, including LGBT individuals.
Family-Based
One of the most common ways for people to get a green card is through a family member. U.S. citizens and lawful permanent residents can help certain family members immigrate to the United States. This is a two-step process. First, the U.S. citizen or lawful permanent resident files a family visa petition. Second, the foreign national relative files an application to become a permanent resident. Each step involves different legal and factual issues.
As a national expert on these issues, the Immigrant Legal Resource Center (ILRC) provides ongoing trainings on the family-based immigration process, answers case-specific questions from practitioners, authors a comprehensive manual, Families & Immigration: A Practical Guide, and advocates locally and federally in support of immigrant families.
DACA
Deferred Action for Childhood Arrivals (DACA) is a policy that allows certain individuals who meet program requirements to get request a grant of deferred action. Individuals who are granted DACA are able to renew their grant and are eligible for work authorization.
Our DACA page is a hub of resources and information for attorneys, legal advocates, and community members. Resources on this page include program updates and information on how the changes in policy impact DACA recipients. Additionally, there is information for those helping DACA recipients with their immigration case.
DACA Toolbox
Crimes
The crossover between immigration and criminal law is one of the most complex and technical areas of law. The Immigrant Legal Resource Center (ILRC) is recognized as a national leader in criminal immigration law and immigration consequences of crimes. We provide critical support to immigration attorneys and criminal defenders through analysis, policy work, trainings, technical assistance, and developing and disseminating best practices.