NYSDA Immigrant Defense Project - Criminal Immigration News

Crim-Imm News

On January 18, 2010, the Department of Homeland Security announced that the federal government will no longer consider most New York state traffic infractions and violations to be misdemeanors sufficient to bar a grant of Temporary Protected Status (TPS) under the TPS bar for two misdemeanors. Click here to read DHS Memorandum, entitled “Temporary Protected Status (TPS) adjudications involving New York traffic infractions or New York violations,” dated January 17, 2010 (377K PDF).
An American Dream Gone to Pot: Should Legal Immigrants Be Deported for Drug Possession? The Supreme Court Will Decide, Newsweek, January 7, 2010.
In September 2009, the National Association of Criminal Defense Lawyers issued a report entitled America's Problem-Solving Courts: The Criminal Costs of Treatment and the Case for Reform. The report includes a brief summary of the obstacles for immigrant access and fairness in the nations drug treatment and other problem-solving courts, as well as recommendations to address these problem issues. Click here to read the NACDL report (1.2MB PDF).
Do Defendants Get Enough Warning About a Guilty Plea's Consequences?, National Law Journal, November 23, 2009
Supreme Court issues decision affirming a deportation order against an immigrant based on a fraud conviction even though the required loss amount was not established by the conviction but only supported by admissions and findings made later for sentencing purposes -- Nijhawan v. Holder (U.S. June 15, 2009). For a Practice Advisory on the impact of this decision on deportability determinations in other cases, click here (16K PDF).
Supreme Court issues decision overturning overreaching criminal charges in federal prosecutions of immigrant workers -- Flores-Figueroa v. United States (May 4, 2009) -- Click here to read decision. (149K PDF)
Forty immigrant rights, civil rights and religious organizations urge new Attorney General Eric Holder to withdraw prior Attorney General Mukasey's opinion in Matter of Silva-Trevino, 24 I & N Dec. 687 (A.G. 2008), pointing out that the opinion upsets well-settled precedent, announces a rule that will cause gross unfairness, and was issued without adequate notice or input from the public. For letter filed by the American Immigration Law Foundation (March 3, 2009), click here (41K PDF).
Center for Battered Women's Legal Services issues policy brief entitled "The Role of the Categorical Approach in Assisting Victims of Domestic Violence and Other Crimes Apply for U Nonimmigrant Status and VAWA Self-Petitions", February 25, 2009. Click here to read policy brief (22K PDF).
DHS Launches Program To Find Illegal Immigrants In Jails, National Journal (US) (Subscription), October 27, 2008
US To Speed Deportation Of Criminals In Jail, NY Times (US), January 15, 2008
Get Advice Before Entering A Plea, NY Daily News (NY), February 12, 2008
Report Highlights Plea Deal Threat To Immigrants, New York Law Journal (NYC), June 11, 2007. Click here to read report.



	Crim-Imm News On January 18, 2010, the Department of Homeland Security announced that the federal government will no longer consider most New York state traffic infractions and violations to be misdemeanors sufficient to bar a grant of Temporary Protected Status (TPS) under the TPS bar for two misdemeanors. Click here to read DHS Memorandum, entitled “Temporary Protected Status (TPS) adjudications involving New York traffic infractions or New York violations,” dated January 17, 2010 (377K PDF). An American Dream Gone to Pot: Should Legal Immigrants Be Deported for Drug Possession? The Supreme Court Will Decide, Newsweek, January 7, 2010. In September 2009, the National Association of Criminal Defense Lawyers issued a report entitled America's Problem-Solving Courts: The Criminal Costs of Treatment and the Case for Reform. The report includes a brief summary of the obstacles for immigrant access and fairness in the nations drug treatment and other problem-solving courts, as well as recommendations to address these problem issues. Click here to read the NACDL report (1.2MB PDF). Do Defendants Get Enough Warning About a Guilty Plea's Consequences?, National Law Journal, November 23, 2009 Supreme Court issues decision affirming a deportation order against an immigrant based on a fraud conviction even though the required loss amount was not established by the conviction but only supported by admissions and findings made later for sentencing purposes -- Nijhawan v. Holder (U.S. June 15, 2009). For a Practice Advisory on the impact of this decision on deportability determinations in other cases, click here (16K PDF). Supreme Court issues decision overturning overreaching criminal charges in federal prosecutions of immigrant workers -- Flores-Figueroa v. United States (May 4, 2009) -- Click here to read decision. (149K PDF) Forty immigrant rights, civil rights and religious organizations urge new Attorney General Eric Holder to withdraw prior Attorney General Mukasey's opinion in Matter of Silva-Trevino, 24 I & N Dec. 687 (A.G. 2008), pointing out that the opinion upsets well-settled precedent, announces a rule that will cause gross unfairness, and was issued without adequate notice or input from the public. For letter filed by the American Immigration Law Foundation (March 3, 2009), click here (41K PDF). Center for Battered Women's Legal Services issues policy brief entitled "The Role of the Categorical Approach in Assisting Victims of Domestic Violence and Other Crimes Apply for U Nonimmigrant Status and VAWA Self-Petitions", February 25, 2009. Click here to read policy brief (22K PDF). DHS Launches Program To Find Illegal Immigrants In Jails, National Journal (US) (Subscription), October 27, 2008 US To Speed Deportation Of Criminals In Jail, NY Times (US), January 15, 2008 Get Advice Before Entering A Plea, NY Daily News (NY), February 12, 2008 Report Highlights Plea Deal Threat To Immigrants, New York Law Journal (NYC), June 11, 2007. Click here to read report.







Last Updated: 2/8/10
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