Advising Clients in Light of EAD Processing Delays

Recent increases in U.S. Citizenship and Immigration Services (USCIS) processing times for adjudicating Forms I-765, Applications for Employment Authorization, have created hardships for many noncitizens who have been unable to seek employment, have had to temporarily stop working, or have lost their jobs altogether.2 This advisory provides tips for immigration practitioners to minimize the risk that clients’ employment authorization will lapse and to advocate for faster adjudication once a Form I-765 has been filed. This resource also offers advice for navigating Employment Authorization Document (EAD) issues with employers and government agencies.

Breaking Down the Visa Bulletin: What SIJS Advocates Need to Know

Special immigrant juvenile status (SIJS) is a humanitarian status that provides protections and a pathway to lawful permanent residence to immigrant children up to the age of 21 years who have been abused, abandoned, or neglected by their parent(s), and where a state juvenile court has determined that it is not in their best interest to be returned to their country of origin. See INA § 101(a)(27)(J). A child who receives SIJS can apply for lawful permanent residence once a visa is immediately available and they meet the other eligibility requirements. See INA § 245(h). As further explained below, until Congress fixes the SIJS visa backlog, SIJS youth must wait years before a visa is available for them to seek lawful permanent residence. This resource is intended to help SIJS advocates better understand the system used by the U.S. Department of State (DOS) to allocate visas. Advocates are critical in helping SIJS youth through this lengthy process, starting with helping SIJS youth understand how the visa system works.

Building Community-Driven Legal Services to Empower, Protect, and Defend Our Communities: Field Guide for Deportation Defense

Under the incoming Trump administration, all immigrants and refugees, regardless of status, must know their rights and information on available immigration relief and community resources. Legal capacity is critical but sorely limited and in need of robust expansion. Community education and guidance, through a Community Navigator training program, will be essential. Through the Legal Services Collective, NPNA will continue to strengthen the field’s legal infrastructure for service delivery and deportation defense; share and develop public education resources; assist and provide education to immigrant community members in applying for DACA renewals, TPS, Other Forms of Relief, and Naturalization; and expand our "Know Your Rights" community education work to protect and defend our communities.

Building Your Pro Bono Program

This video provides practical information to help organizations learn how to cultivate pro bono relationships, identify suitable pro bono service delivery models, and incorporate best practices for creating and running a program.

Case Management Toolkit

This toolkit is intended to facilitate the process of designing and/or improving the case management system in your immigration program. In a legal immigration context, a case management system consists of a policies and procedures manual; a database system; case management forms; and files used by legal representatives in a standardized manner for the purposes of delivering professional services and avoiding errors that can result in malpractice and liability. For organizations providing Violence Against Women Act (VAWA) immigration services, there are additional considerations when designing your case management system noted throughout the toolkit.

Challenges of Return After Deportation

Individuals deported from the United States face enormous legal and practical barriers to being able to return and rejoin their families and communities in the future. These barriers often convert deportation into a prolonged, if not lifetime, exile from the United States. This report provides an overview of the significant—often impossible—hurdles faced by deported individuals who seek return to the United States under the current legal regime and offers administrative and legislative policy recommendations to reduce these barriers and allow unjustly or wrongfully deported individuals to return home.

CLINIC: Know Your Rights and Other Information

YOU HAVE RIGHTS regardless of your immigration status. You may be at risk of being deported if you are undocumented, if you are a non-citizen with a criminal history, if you are on parole or have a prior deportation order. To protect yourself, your family and your community you must KNOW YOUR RIGHTS. Knowledge is power. Act NOW. Do not wait. Be prepared.

Community Explainer: Week 1 Under Donald Trump 2.0

On the first day of his presidency, President Trump signed dozens of Executive Orders, including at least twelve that relate directly to immigration. This explainer gives an overview of what’s happened in week 1 and what we can expect next.

Community FAQ: What Do We Expect At The Beginning of Trump 2.0 and How You Can Get Prepared

We can’t know for certain what will happen once Trump is in office, beginning on January 20 of 2025. However, he has announced various plans, as have people who were part of his prior administration and who will likely be part of his new one. In this explainer, we will try to lay out what his likely first moves will be – and how you can best protect yourself and your loved ones.

Community Resources

The Immigrant Legal Resource Center's (ILRC) Community Resources page is a prime embodiment of our commitment to bringing clarity to complicated immigration issues. Resources on this page include a wide range of downloadable tools produced for diverse audiences, from experienced advocates to directly impacted community members seeking answers about the complex world of immigration law.

Department of State Requests for Personal Records

How to request U.S. Department of State (DOS) information about previous visa applications and passport records.

Deportation Defense Manual

The purpose of this manual is to provide information, resources, and a guide to create a plan of action to protect targeted communities against the ongoing anti-immigrant attacks of the Trump administration. It is important to remember when we act together, we have the power to protect one another even when immigration laws and agents do not respect our community. This manual contains three sections: (1) Know Your Rights, (2) Rapid Response to Raids, and (3) Deportation Defense.

Discrimination and Harassment in Employment

These resources can inform and serve as a guide to individuals who may have suffered discrimination or harassment at work.

DOJ Recognition and Accreditation Toolkit

This toolkit is designed to educate agencies on the need for DOJ recognition and accreditation and to assist them in the application process.

Employment Rights of Undocumented Workers

What legal rights do I have as an undocumented worker? With just a few exceptions, undocumented workers enjoy all of the legal rights and remedies provided by both Federal and California law. (The exceptions to this general rule, mainly in the areas of unemployment insurance and union organizing, are discussed below.)

Frequently Asked Questions About USCIS’s SIJS Deferred Action Policy

The End SIJS Backlog Coalition, a project of the National Immigration Project, is a nationwide coalition of directly impacted youth and allied advocates seeking to eradicate the SIJS backlog legislatively, and in the meantime mitigate its worst harms through administrative reforms. The Coalition appreciates USCIS’s deferred action policy as a needed first step in protecting these youth. However, we continue to encourage Congress to pass legislation eliminating the numerical visa limits and to urge the Department of Homeland Security (DHS) to enact more robust and lasting protection through regulations that recognize that all Special Immigrant Juveniles should be afforded employment authorization and protection from removal until they are able to apply for a green card. This FAQ provides an overview of the SIJS deferred action policy.

Governor Landry's Executive Order Explainer

On January 16, 2024, Louisiana Governor Jeff Landry issued an executive order titled “Identifying, Quantifying, and Mitigating the Adverse Effects of Illegal Immigration of Louisiana.” This community explainer explains the memo and answers some frequently asked questions.

ICE Worksite Raid: Employer Rights and Responsibilities

When it comes to an immigration worksite raid, preparation is critical. Even if you are meticulous in confirming the work authorization of all of your employees, Immigration and Customs Enforcement (ICE) could investigate your workplace in connection with a lead or complaint, or based on other factors. If you do not have a worksite enforcement action plan in place, consult with your immigration attorney or seek the advice of a qualified immigration attorney so that in the event ICE makes an unannounced visit, you and your employees are ready.

Immigrant and Refugee Children: A Guide

Tools and resources to help protect and prepare youth and families in case of an ICE raid.

Immigrants' Rights

Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

Immigration Legal Services Screening Tool 2025

CLINIC's Immigration Legal Services Screening Tool provides sample questions your program may consider when screening individuals for immigration legal relief.

Immigration Program Management in Uncertain Times: Considerations Before Deciding to Downsize or Close an Immigration Legal Services Program

It is critical that an organization’s leadership understands that there are legal, ethical, reputational, and practical ramifications of hasty downsizing or program closure. While Board members and leaders of organizations that have been affected by dramatic funding cuts have fiduciary responsibilities to maintaining the financial health of the organization, they must balance these with their equally important legal, professional, and ethical responsibilities to clients.

Immigration Registration - How Things Work: The Legal Edition

Join Valencia Herrera, Managing Attorney at The Grande Law Firm and Adonia Simpson, Deputy Director of Policy and Pro Bono at the ABA Commission on Immigration, for a discussion exploring the Trump administration’s directive requiring noncitizens over the age of 14 to register with the government. Learn about how the historical context of registration, who is already considered registered, and how the registry places many individuals in a difficult position—facing either the risk of apprehension by immigration authorities or severe penalties for noncompliance, including fines, jail time, and deportation. This important conversation explores how advocates can help clients navigate this new requirement, and examines the broader implications of the registration.

IRAP Explainer on the US Refugee Admissions Program Suspension

IRAP has written an explainer providing an in-depth overview of the recent suspension of the U.S. Refugee Admissions Program (USRAP) following the January 20, 2025 executive order titled “Realigning the United States Refugee Admissions Program.” The explainer analyzes the implications of halting refugee case processing and admissions, how the suspension affects pending applications, and its impact on other pathways including Welcome Corps, Afghan SIVs, and family reunification. Published: April 28, 2025

IRAP: Legal Practitioner Resources

IRAP helps legal practitioners better represent refugees and displaced persons through a variety of resources. IRAP’s resources collect knowledge and best practices developed from over a decade of representing clients, as well as insights from reviewing thousands of government records about immigration processing obtained through the Freedom of Information Act (FOIA). Using this resource, you can access the variety of resources that IRAP has created, organized by the type of resource.

IRAP Practice Advisory on Preparing Afghan SIV Holders for Travel to the US

Key Areas of Addressing Capacity Building

The work of capacity building is of utmost importance in any political climate. Capacity building refers to identifying, recruiting, educating, and supporting nonprofit legal and non-legal practitioners in effectively assisting applicants navigating a myriad of immigration scenarios. This article discusses key areas of addressing capacity building.

Know Your Rights: A Guide To Your Basic Rights As An Undocumented Immigrant Living In The United States

No matter who is president, everyone living in the United States has certain basic rights under the U.S. Constitution, including undocumented immigrants.

Know Your Rights: Guide for Immigrant Communities in 2025

The incoming Trump administration has pledged to execute mass deportations, erode our essential civil rights and liberties, and separate immigrant families, most of whom have lived in the U.S. for decades. In the face of these threats, countless people are learning their rights and helping their families and neighbors do the same. Arming yourself with trusted, vetted information is one of the best ways to prepare and fight back. Every day, Asian Law Caucus attorneys and advocates work side by side with our clients and their loved ones to protect people’s rights and keep families together. Find key know-your-rights resources, guides, and blog posts from our team and partners here.

Know Your Rights: If You Encounter ICE

All individuals in the United States have rights, regardless of immigration status. This resource can help you protect yourself and your family, and defend your rights.

Know Your Rights: NIJC Resources

These National Immigrant Justice Center resources can provide guidance in many common scenarios.

Know Your Rights Toolkit

Advocates and community members can work together to fight messages of fear and panic by helping community members learn about their rights and how to protect themselves from ICE. The Immigrant Legal Resource Center has created a variety of materials to educate the community and prepare individuals for possible encounters with immigration authorities. 

Know Your Rights With ICE

This resource explains who is at risk of an ICE arrest and your rights when interacting with ICE officers.

Language Discrimination

Language discrimination occurs when a person is treated differently because of their native language or other characteristics of their language skills. This resource provides information about how handle this situation.

Navigating EOIR Directives Under Trump 2.0: Practical Guidance for Advocates and Programs

Since returning to office, the Trump administration has issued a wave of executive orders, policy actions, memoranda, and guidance documents that significantly impact immigration law and the adjudication of cases. This resource seeks to highlight the key impacts of the new Executive Office for Immigration Review (EOIR) and Board of Immigration Appeals (BIA) memos for legal services providers (LSPs) and their clients and offers practical guidance for effective representation in immigration court. Last Updated: April 22, 2025

New Data Shows Immigrant Visa Interview Backlogs at US Consular Offices

How long will an immigrant visa applicant have to wait for an interview at a U.S. consular office after their visa application is complete? From the State Department’s internal data, we know that as of December 2024, some consular offices had no backlogs at all, while other offices expect to take over two years to schedule an interview. Frustratingly, the State Department provides no public data for immigrant visa applicants broken down by consular office, even though the State Department tracks this data internally and provides non-immigrant visa interview wait times on its website.

NILC Know Your Rights Resources

To learn more about key issues impacting immigrant communities, explore our Resource Library for expert-curated guides, toolkits, policy briefs, and more.

OPLA Memo Community Explainer

You may have heard that there is a new prosecutorial discretion memo, and heard people referring to it as the “OPLA Memo.” This FAQ will explain the Memo. OPLA has also put on its website some materials for people who do not have lawyers representing them to help them request prosecutorial discretion, including this short guide as well as this form that people can use to request prosecutorial discretion.

Partnership Toolkit

Partnerships are a valuable tool for any organization looking to expand or strengthen services in the community. In a well-functioning partnership, all members contribute ideas to the group, coordinate dates and events so that all can participate, and mutually benefit from the partnership. There are several ways to establish a partnership and many tools to use that can help organize and manage the operations. This toolkit includes sample materials for managing a partnership, guidelines for working within a partnership, and tips on what to look for in a potential partner.

Practice Advisory: Ethical Duties in Immigration Cases After Funding Loss

Currently, many immigration legal service providers are facing the prospect of losing federal funding for direct representation work. The likely result of federal funding elimination is that some legal service offices will be forced to close, while others will have to reduce staff to sustain operations. This stark reality raises serious questions about legal services practitioners’ obligations to existing and future clients because ethical duties of competence, diligence, and preparedness continue to apply despite external factors such as funding availability.

Practice Advisory: Gathering Criminal Records for Immigration Matters

This practice advisory provides an overview of how to effectively gather criminal records for immigration matters. The advisory briefly reviews considerations for conducting a criminal contacts screening and for evaluating the possible implications of a noncitizen’s criminal history if they are applying for benefits before the United States Citizenship and Immigration Services (“USCIS”) or seeking a defense from removal in immigration courts (Section II). It then provides a summary of common criminal record terms (Section III) before reviewing steps and processes for conducting record searches both locally and federally (Section IV). Finally, it responds to some commonly asked questions about criminal record searches for noncitizens (Section V).

Practice Advisory: The Laken Riley Act's Mandatory Detention Provisions

On January 29, 2025, President Trump signed the Laken Riley Act (LRA) into law. The law expands no-bond detention for certain noncitizens in immigration proceedings, and it also purports to give states the ability to sue the federal government over immigration decisions they dislike, opening the door to politically motivated and discriminatory actions. The goal of this practice advisory is to support practitioners in defending noncitizens impacted by the LRA's detention provisions. It summarizes the law’s detention provisions, discusses groups of noncitizens whose detention should not be impacted by the LRA, provides potential arguments for a narrow interpretation of the provisions’ scope, describes procedural options for contesting a client’s mandatory detention under the LRA, and identifies considerations for criminal defense attorneys.

Practice Advisory: Understanding and Overcoming Bars to Relief Triggered by a Prior Removal Order

People who have been ordered removed by an immigration judge or other immigration official face significant risks and hurdles in establishing eligibility for immigration benefits for which they might otherwise be eligible. For example, individuals with removal orders are generally at risk of summary removal at any time. Having a removal order may also trigger bars to eligibility for immigration relief. And in the case of applications for immigration benefits such as adjustment of status and asylum, the noncitizen must typically first reopen the order before they can apply, and reopening carries its own list of requirements. It is thus important to conduct a careful eligibility analysis at the outset, as part of case assessment.

President Biden's Marijuana Pardons: Who Do the Pardons Apply To?

This resource explains who President Biden's 2021 marijuana pardons apply to.

Protective Federal Immigration Enforcement Policies

Florida’s aggressive anti-immigrant laws imperil and harm thousands of noncitizen state residents, including the state’s estimated nearly 800,000 undocumented residents. However, noncitizens in Florida may be able to benefit from federal immigration policies. These federal policies guide immigration officers in deciding how and against whom to enforce immigration laws. Noncitizens may therefore use one or more of these policies to argue that they should not be subject to arrest or deportation by ICE, notwithstanding Florida’s state laws.

Red Cards / Tarjetas Rojas

All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The ILRC’s Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home. ---------- Todas las personas en los Estados Unidos - sin importar su estatus migratorio - tienen derechos y protecciones bajo la constitución del país. Nuestras Tarjetas Rojas ayudan a los inmigrantes ejercer esos derechos y protegerse en muchas situaciones, como cuando agentes de inmigración visitan nuestras viviendas.

Remote Legal Support: A Guide for Nonprofit and Pro Bono Innovation

Immigration Advocates Network, Pro Bono Net, and partners created this manual in response to a national survey of immigration legal service providers. We've published key findings from the national survey results, to share the nonprofit immigration field's experience and interest. The manual features successful Remote Legal Support (RLS) programs, including program logistics, processes, challenges, tools, checklists, sample documents, and best practices. Finally, it includes projects and models from across the nonprofit sector.

September 30th Mayorkas Memo - Quick FAQ

This quick explainer discusses DHS Secretary Mayorkas September 30th memo entitled “Guidelines for the Enforcement of Civil Immigration Law.” This Memo replaces the two earlier prosecutorial discretion memos from January 20 and from February 18, but it will not go into effect until November 29, 2021.

Setting the Record Straight About Sanctuary Policies: A Response to Threats Against Sanctuary Cities

This resource explains how and why sanctuary policies are lawful and constitutionally protected, despite recent attacks from America First Legal and the Department of Justice.

Special Immigrant Visas for Afghans and Iraqis

SIV Practice Guide: IRAP Updates Resource for Practitioners Representing SIV Applicants

Supreme Court Roundup: What Immigrant Rights Advocates Need to Know

This community FAQ explains some of the most prominent Supreme Court decisions from the 2024 term, especially those that affect immigration.

The INA's Distorted Definition of "Conviction"

Criminal convictions often carry immigration consequences, including mandatory detention and deportation. A conviction is when a criminal court or jury decides that a person is guilty of a crime or a person pleads guilty to having committed a crime. This community explainer discusses the INA's distorted definition of "conviction."

The Power of a Pardon: Breaking Down the Intersection of Pardons and Immigration

This details the intersection of pardons and immigration and explain why increasing the accessibility, transparency, and frequency with which governors, pardoning bodies, and the president grant pardons should be an advocacy priority.

Things You Should Know About Proving Your Work Status to Your Employer

Document abuse occurs when an employer does not permit a worker to use any combination of documents that are legally acceptable. This resource provides information about how handle this situation.

United We Dream: Know Your Rights

ICE and CBP might not respect our rights, but they cannot take away our POWER. Use these resources to learn about your rights and express them in case you have an encounter with an immigration official.

Updating Your Social Security Number With Your Employer

This resource can inform and serve as a guide to individuals who need to update their Social Security Number with their employer.

USCIS Issues New NTA Guidance Memo - English and Spanish

This resource provides information for practitioners on a new policy memo issued by USCIS on Feb. 28, 2025, which revives previous Trump administration policies that expanded situations where USCIS was directed to issue Notices to Appear (NTAs) to individuals applying for immigration benefits. It includes a draft informed consent document for individuals who may be subject to NTA issuance.

What is Section 1324? Understanding the Federal Crimes of Smuggling, Transporting, Concealing, Harboring, Encouraging or Inducing.

This resource explains Section 1324, the federal law that criminalizes smuggling, transporting, concealing, harboring, encouraging or inducing someone to enter or stay in the United States without authorization. It explains the criminal actions involved when someone does or tries to help another person come to or stay in the United States unlawfully.

Your Workplace: Realities of Protein Processing Workers

This video series, developed by Centro de los Derechos del Migrante (CDM), in collaboration with National COSH puts tools in immigrant and migrant workers’ hands through four bilingual videos that cover some of their fundamental rights to a safe and healthy workplace. The videos also explain how workers can organize to ensure their rights are respected.