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.
EOIR Regulation Limits Retroactivity of Matter of Thomas & Thompson Regarding Sentence Modifications
On October 25, 2019, the Attorney General published Matter of Thomas & Thompson holding that adjudicators could only recognize a sentence modification for immigration purposes where the sentence was vacated due to procedural or substantive defect as defined in Matter of Pickering. It was not clear whether this holding was retroactive. Under new DOJ regulations it is now clear that Matter of Thomas & Thompson is not retroactive. Adjudicators will recognize a sentence modification as vacating the sentence for immigration purposes where: (1) the person filed for the sentence modification on or before October 25, 2019; (2) the person relied on the availability to seek a sentence modification where the conviction date was on or before October 25, 2019; (3) there was a clerical or typographical error in the sentence regardless of the date of entry of the sentence; or (4) where the sentence was vacated due to a procedural or substantive defect in the sentencing - regardless of when the sentence modification was filed.
Over the past few years, Texas has led the nation in cruel attempts to criminalize and punish immigrants and noncitizens. The infamous Texas state deportation law, SB 4, is an integral part of the dangerous and unconstitutional Operation Lone Star and is one of the most controversial and extreme pieces of legislation that targets immigrants and noncitizens in the United States. In 2024, state legislatures across the country have proposed bills that further expand the already vast and punishing criminal-legal system by requiring local law enforcement to carry out federal immigration enforcement and creating new crimes that punish the act of crossing into a state without legal status. Unless stopped, Texas SB 4 and its ilk could herald a regressive wave of anti-immigrant state legislation that will endanger noncitizens and U.S. citizens across the country–to a greater extent than occurred in 2010 after the passage of Arizona’s infamous racial profiling law, SB 1070. This report looks at the copycat policies being put forth across the country.
Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.
Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.
This advisory describes supporting documentation for the Parole in Place program under Keeping Families Together. The adjudications for this program are currently on pause due to litigation. Persons hoping to apply should the program resume may gather and prepare supporting documents in advance.
The “Expose and Disrupt” guide illustrates how immigrant rights advocates can use state Public Records Act (PRA) requests to fight back against immigration enforcement. Strategic PRA requests can peel back the curtain on ways state and local agencies work together with immigration authorities to reinforce the deportation machinery and traumatize our communities. The guide explains the mechanics of requesting public records, strategies on what information can be useful for campaigns to stop or limit immigration enforcement, and includes examples of what kinds of records exist.
This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an unexecuted final removal order, and what happens if the applicant has already started consular processing. Additionally, attached to this advisory is an appendix of online filing tips specific to the Form I-131F.
The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.
Since November 9, 2016, the definition of cannabis under California law is different and broader than the federal definition. Therefore, a California conviction for cannabis from on or after that date is arguably not a controlled substance conviction under federal immigration law. No court has yet made a finding on this issue for California offenses, but they have done so in other states with similar cannabis definitions. This template brief can be used to file a Motion to Terminate Proceedings or to file an Opposition to a Motion to Pretermit Proceedings (where the client is applying for adjustment of status or for cancellation of removal) to argue that any California cannabis conviction entered on or after November 9, 2016, is not a federal controlled substance offense.
Update as of September 11, 2024: In June 2024, the Biden administration announced a new Parole in Place (PIP) process for undocumented spouses and stepchildren of U.S. citizens. The goal of this process is to allow eligible applicants to adjust their status (get a green card) without having to the leave the United States and risk being separated from their families. The process went into effect on August 19, 2024, and U.S. Citizenship and Immigration Services (USCIS) started approving applications right away. However, on August 23, 2024, the state of Texas along with 15 other states filed a lawsuit to stop the process. On August 26, 2024, a federal court in Texas ordered USCIS to stop approving applications while the Court decides several issues in the case.
Prop 47 (2014) reclassified six felony offenses to misdemeanors, including shoplifting and simple drug possession, and funneled costs savings into safety measures like drug and mental health treatment and victim services centers. Proposed Prop 36 (November 2024) would roll back those reforms and add new criminal penalties and sentencing enhancements. Prop 36 will also impose severe immigration consequences on immigrants and their families. It will result in more Californians being deported and more families being separated. This resource provides some of the specific examples of the ways in which Proposition 36 will harm immigrants if passed.
Texas' SB 4 - 88(4) is not only unconstitutional and illegal, it is bad law. Currently, this law is being challenged in federal court and it has not been allowed to go into effect because of these constitutional concerns while the litigation is pending. This memo breaks down the legal arguments against it and the impact the policy has had on the community.
ILRC comments on Texas House Committee on Homeland Security and Public Safety Testimony on SB 602.
This toolkit is for advocates looking for guidance on how to engage in legislative advocacy, also known as lobbying. Legislative advocacy is building support for an issue or cause that you believe in through engaging legislators and advocating for or against certain legislation, or proposed laws. The aim of legislative advocacy is to influence the outcome of a legislator’s vote on a proposed legislation or a bill. This type of advocacy can also be for the purpose of building a legislative champion and public voice on the issue you care about.
On August 12, ILRC provided feedback to USCIS on recent changes made to the acquisition of citizenship portion of the USCIS policy manual. ILRC commended the agency for providing clarity in some of the sections and provided suggested language that should be incorporated into the policy manual to ensure that all eligible applicants – including those who were previously denied and are now eligible due to changes to USCIS policy – are able to access the process now and obtain proof of their acquired citizenship.
On August 12, 2024, ILRC provided comments to USCIS on proposed changes to the application forms for T Nonimmigrant status. The comment urged USCIS to make additional changes to the form including removing the requirement for disclosure of juvenile adjudications and vacated criminal records and implementing uniform confidentiality and privacy language on the forms to ensure that the applicant’s sensitive information is protected.
Tags: U Visa/T Visa/VAWA
Tags: U Visa/T Visa/VAWA
UPDATE: On August 26, a federal court in Texas temporarily halted the Parole in Place (PIP) process for undocumented spouses and stepchildren of US citizens, also known as the Keeping Families Together program.
For a 14-day period (and possibly longer), USCIS will NOT be able to approve applications, even though applicants can still file their request for PIP. The filing fee of $580 is due at the time of filing and applicants may lose out on that fee, if they decide to apply and USCIS continues to be restricted from processing requests. As always, it will be crucial to speak with a qualified immigration legal services provider before anyone decides to file.
For a 14-day period (and possibly longer), USCIS will NOT be able to approve applications, even though applicants can still file their request for PIP. The filing fee of $580 is due at the time of filing and applicants may lose out on that fee, if they decide to apply and USCIS continues to be restricted from processing requests. As always, it will be crucial to speak with a qualified immigration legal services provider before anyone decides to file.
Immigrant survivors of domestic violence face significant barriers in seeking both domestic violence support services and immigration legal assistance. Lack of lawful status, fear of deportation, and language barriers make it difficult for immigrant survivors to access critical services. These challenges can be even more acute in underserved and rural areas, such as California’s San Joaquin Valley. This project aims to fortify the economic stability of immigrant survivors of domestic violence in California’s rural San Joaquin Valley by facilitating access to lawful immigration status, employment authorization, and public benefits for immigrant survivors, thus reducing their risk of poverty and homelessness.
On July 23, 2024, the ILRC provide comment on the Biden Administration’s proposed re-scheduling of marijuana. The ILRC advocated for the complete de-scheduling of marijuana instead of rescheduling. The comment highlighted the racist impacts of maintaining marijuana on the schedule of controlled substances and the lack of any mitigating effect that rescheduling will have on immigration consequences of marijuana-related crimes
On July 15, 2024, the ILRC along with Disability Rights Education and Defense Fund (DREDF) provided comment on Form N-648, Medical Certification for Disability Exceptions. ILRC and DREDF urged the agency to remove a question that conflates the disability exceptions for English and civics testing with waivers for the oath of allegiance.
On May 17, 2024, the ILRC provided comment to USCIS on proposed changes to the forms to apply for a U Visa. This is the second time that ILRC provided comment on proposed changes and USCIS accepted some of our previous comments in the newest version. We reiterated some previous requests in response to the agency’s changes and also requested that USCIS extend grace periods for the old forms to mitigate the harm to applicants who would have had to get new law enforcement certifications on new forms, which USCIS granted.
On June 6, 2024, the ILRC submitted a comment in support of DHS’s temporary final rule (TFR) providing automatic extensions of employment authorization documents. The TFR specifically requested comment on whether the measure should be permanent and how long permanent automatic extensions should be. The ILRC wrote in support of a long and permanent auto-extension policy to ensure that applicants are not harmed by administrative delays that lead to lapses in document validity.
Texas authorities have expansively interpreted a 2024 law that imposes a 10-year mandatory minimum sentence on people convicted under the state's smuggling law to include giving rides to undocumented people, The Immigrant Legal Resource Center (ILRC), Human Rights Watch (HRW), Detention Watch Network (DWN), and AJA Advocacy Solutions said this report highlighting the law’s harm. The brief states that most people prosecuted for smuggling in Texas are young US citizens. Texas law enforcement officers have a troubled track record with identifying alleged smugglers, and now the state has raised the stakes of each arrest significantly.
New for 2024: Deferred Action for Childhood Arrivals (DACA) may still be in a holding pattern due to ongoing lawsuits in federal court, but the program remains active for those seeking to renew their employment authorization. This brief explainer details the 5 key things to be aware of if you are a DACA recipient.
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.