Resources
Publication Date
07/29/2016
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.
Resources
Publication Date
06/24/2016
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.
Resources
Publication Date
05/17/2016
This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.
Resources
Publication Date
05/09/2016
In November 2014, California voters passed Proposition 47, a historic record changing opportunity. The below resources are aimed at educating community members, advocates, and lawyers on the immigration benefits of Proposition 47.
Resources
Publication Date
04/29/2016
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.
Resources
Publication Date
04/15/2016
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.
Resources
Publication Date
03/22/2016
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.
Resources
Publication Date
03/21/2016
Effective January 1, 2016, a new California drug law will help defendants avoid catastrophic immigration consequences for minor offenses.
Resources
Publication Date
02/26/2016
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!
Resources
Publication Date
02/22/2016
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.
Resources
Publication Date
02/19/2016
The BIA stated that Cal PC § 273a(b) is not a deportable crime of child abuse, in Matter of Mendoza-Osorio.
Resources
Publication Date
02/03/2016
SB 674 is a new California law that took effect on January 1, 2016. The goal of this law is to ensure that all immigrant crime victims in California have equal access to immigration status through the U visa.
Resources
Publication Date
02/03/2016
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:
Resources
Publication Date
01/12/2016
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.
Resources
Publication Date
12/18/2015
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
Resources
Publication Date
12/03/2015
This chart shows the effect that immigration law gives to different types of state post-conviction relief, including the new California Penal Code § 1203.43.
Resources
Publication Date
12/02/2015
A review of four different models used throughout California, in advising noncitizen defendants of the immigration consequences of criminal offenses. This protocol provides interviews with defenders currently practicing these models, as well as practical tips and resources in establishing similar models in your jurisdiction.
Resources
Publication Date
10/12/2015
This practice advisory describes the recent increase in RFEs and NOIDs in Special Immigrant Juvenile Status cases, in which USCIS is requesting documents from the underlying state court proceedings. The advisory details arguments against disclosing state court documents and information to USCIS, and provides guidance on setting up your SIJS petitions for success from the outset.
Resources
Publication Date
09/21/2015
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.
Resources
Publication Date
09/09/2015
This toolkit for organizers explains how ICE co-opts local law enforcement into immigration enforcement, and how communities can fight to disentangle them. Along with sample questions for local law enforcement and tools for monitoring immigration enforcement activities in your community, this toolkit explains the new enforcement landscape under PEP-Comm and other ICE programs and gives fundamental background information about how ICE is at work in local jails.
Resources
Publication Date
08/20/2015
These policies include city and county ordinances and administrative policies, as well as state laws, all of which limit the compliance of local law enforcement with ICE holds to some degree. Many other campaigns are ongoing; pending legislation or policies are not yet included here.
Resources
Publication Date
08/19/2015
An immigration enforcement infographic showing what happens when local law enforcement cooperates with ICE. The infographic shows who in our communities are captured by immigration enforcement, how they are captured, and what can happen to community members thereafter.
Resources
Publication Date
08/06/2015
This advisory discusses how the Supreme Court's opinion in Johnson v. United States may affect selected offenses under California law, and what criminal defense and immigration advocates can do now.
Resources
Publication Date
08/04/2015
This document describes how a person with DACA who travels outside the U.S. with Advance Parole may be able to apply for a green card in the U.S. based on an immediate relative visa petition.