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Resources
Resources

DOS FAQs for Post-DOMA
Publication Date
08/30/2013
The Department of State answers frequently asked questions regarding non-immigrant and immigrant visa benefits for same-sex spouses.
Resources
Resources

Powerpoint on Immigration Reform

Publication Date
08/14/2013
The powerpoint focuses on the paths to citizenship, future flow, and enforcement provisions that are in the Senate immigration reform bill titled “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744).
Resources
Resources

Charts describing the Paths to Citizenship in S.744
Publication Date
08/14/2013
The charts lay out the path to citizenship for undocumented individuals, DREAMers, and agricultural workers based on the Senate bill “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013” (S.744).  It also summarizes the eligibility requirements and bars at each stage of the process.
Resources
Resources

The ILRC Opposes Efforts to End the Implementation of the DACA Program
Publication Date
06/06/2013
Today, the U.S. House of Representatives approved an amendment by Rep. Steve King (R-IA) to HR 2217, the “Department of Homeland Security Appropriations Act2014.” This amendment denies funding to the Department of Homeland Security (DHS) to implement and administer several important programs, including the Deferred Action for Childhood Arrivals (DACA) Program.
Resources
Resources

Lessons Learned from the Immigration Reform & Control Act of 1986: A Look at the “Border Security, Economic Opportunity & Immigration Modernization Act of 2013”
Publication Date
06/03/2013
Drawing from our experiences during and after IRCA, we offer a brief analysis of some of the legalization aspects of the recently introduced Senate Bill—the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013.” We divide our discussion broadly into the positive and negative features of provisions in Senate Bill 744 (S.744) that relate to the length of the path to citizenship, eligibility requirements, and confidentiality provisions, and compare these to the provisions that existed under IRCA.
Practice Advisory
Resources

Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit
Publication Date
05/29/2013
In Moncrieffe v. Holder, the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.
FAQs & Explainers
Resources

What Documents Will I Need to Apply for DACA?
Publication Date
05/08/2013
This resource describes all of the documents that will help in proving the requirements and where to obtain them. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria  Dominguez, for their efforts in helping create this resource.
Resources
Resources

Lessons Learned from Amnesty in 1986
Publication Date
05/03/2013
"The Immigration and Naturalization Service, Community-based Organizations, and the Legalization Experience: Lessons for the Self-Help Immigration Phenomenon,” is a law review article written by ILRC’s founder, Bill Hing, in which he discusses lessons learned from the Immigration Reform and Control Act of 1986.
Resources
Resources

Principles for Immigration Reform that Promote Fairness for All Immigrants
Publication Date
05/01/2013
The ILRC, along with WDA, IDP, and NIP, summarize and discuss some of our immigration system’s most egregious aspects, outline five main principles to advocate for with immigration reform, and caution against possible new harmful provisions that we would have to fight for decades to come.
FAQs & Explainers
Resources

How Will DACA Help Me?
Publication Date
04/12/2013
Outlines all of the benefits that come with obtaining DACA approval. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria  Dominguez, for their efforts in helping to create this resource.
Practice Advisory
Resources

Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States
Publication Date
03/12/2013
In Chaidez v. United States, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky, 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla, the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.
Toolkit & Reports
Resources

Immigration Relief Toolkit for Criminal Defenders
Publication Date
02/21/2013
Many noncitizen defendants are already deportable (“removable”). This includes all undocumented people, as well as lawful permanent residents (green card-holders) who have become deportable because of a conviction. If immigration authorities find these people – which is likely to happen – they will be deported unless they are granted some kind of immigration relief.   For these defendants, staying eligible to apply for immigration relief is their most important immigration goal, and may be their highest priority in the criminal defense.
FAQs & Explainers
Resources

Understanding the Criminal Bars to the Deferred Action Policy
Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
FAQs & Explainers
Resources

DACA Criminal Bars Chart
Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
Practice Advisory
Resources

LPR Bars to § 212(h) – To Whom Do They Apply?
Publication Date
09/17/2012
Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012). Section 212(h) of the INA1 is an important waiver of crimes-based grounds ofinadmissibility.
Resources
Resources

Ninth Circuit Decides Key Issues about Categorical Approach; Overturns Sandoval-Lua
Publication Date
09/17/2012
The Ninth Circuit En Banc Decides Key Issues About the Categorical Approach; overturns Sandoval-Lua: Young v. Holder __F.3d__ (9th Cir. Sept. 17, 2012) (en banc). This quick Advisory provides the headlines from an important Ninth Circuit case published today. Further advisories may provide a more in-depth analysis.