Representing Immigrant Defendants in New York, 5th Edition Over 20 percent of New York State residents are foreign-born, according to the U.S. Census, and many are non-citizens who may be easily subject to detention and deportation for criminal convictions. Through a well-organized explanation and analysis of the relevant law – along with our renowned two-page “Immigration Consequences of Crimes Summary Checklist” … Read more »
IDP also develops accessible resources for community-based organizations focused on the intersection between the criminal justice and immigration systems and for directly impacted community members. Given the complexity and urgency of “crim-imm” issues, and the need to disrupt narratives around them, we are committed to developing creative materials, utilizing storytelling, personal narratives, and graphics. Through our collaboration with a broad base of … Read more »
Ivon Matamoros is a DREAMer who came to the United States from Mexico when she was 15 years old. She has lived in Arizona with her parents and sisters since that time. After graduating from high school in Phoenix, she got engaged and planned to marry in March 2011. Ivon has always been very active in her church, which is where … Read more »
Lundy Khoy was born in a Thai refugee camp after her parents fled the genocide in Cambodia. When Lundy was one year old, she and her family came to the U.S. as refugees and were granted legal permanent residence. In 2000, when Lundy was 19 and in college, a police officer stopped her and asked if she had any drugs. … Read more »
Oscar Gutierrez came to the United States from Mexico about 15 years ago. He came as a young teenager to live with his brothers. Oscar married his U.S. citizen wife 11 years ago, and they have 2 U.S. citizen children. After marrying, his wife applied for him to gain lawful status and the application was approved. Several years later, Oscar … Read more »
Dana Forrester met her husband, Astley, while on vacation in Jamaica. Astley was working as a security guard at Dana’s hotel when they met. She was grieving the recent loss of her mother at the time, and discovered that Astley had also just lost his own mother; this brought them close together. After Dana left, they spoke on the phone … Read more »
IDP has worked on campaigns since 2008 to disentangle ICE from the criminal legal system. We started by fighting the ICE Criminal Alien Program in Rikers and then joined the ICE Out of Rikers Campaign on legislation to limit New York City’s honoring of ICE detainers. In 2010, we formed a coalition to stop ICE’s Secure Communities program in New … Read more »
Download: Practice Advisory: Conviction Finality Requirement: Impact of Matter of Cardenas-Abreu
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IDP is involved in ensuring that courts apply a meaningful prejudice standard. Read more »
440 relief is available after deportation Read more »
The New York Court of Appeals held in People v. Peque (2013) that a trial court has a duty under the due process clause to notify an immigrant defendant entering a felony plea that he may be subject to deportation as a result. IDP’s amicus brief argued that because deportation had become virtually automatic upon conviction of a wide range of NY offenses, the … Read more »
Padilla applies in cases where judgment was entered on or after March 2009. IDP’s position is that guilty pleas entered in ignorance of the consequence of deportation are unlawful and unjust, no matter the date. Read more »
IDP supports efforts to develop a robust interpretation of counsel’s duty under Padilla. Read more »
These materials are intended for use as a starting point in developing a New York CPL § 440 motion based on Padilla v. Kentucky. Read more »
IDP trains advocates and community members various issues through bilingual (Spanish and English) Know-Your-Rights and Train-the-Trainers workshops. Workshops include: Don’t Get ICEd, also available as an interactive website, a guide for immigrants on how to protects your rights from deportation when dealing with police and the criminal justice system. In recent years, IDP held regular workshops at Rikers Island with … Read more »
The widespread criminalization of a wide range of activities through NYPD’s broken windows or quality-of-life policing practices has steadily driven up rates of arrests for violations and misdemeanors in New York City since the 1980s. Because the immigration system is extremely unforgiving, for non-citizens even a violation or misdemeanor can lead to detention and deportation. To help defend against these consequences and protect … Read more »
In this era of mass deportation, where immigrants with convictions have been singled out by DHS as a primary target for deportation, IDP works to develop and expand strategies to identify opportunities to expand rights within the criminal legal system. Working in close collaboration with allies, IDP researches multiple points of intervention — including local, state, and federal policy, as well … Read more »
Background At the Street Encounter: Datasharing At Arrest: Fingerprint Data Sent to ICE In Custody: Training and Supporting Defenders In City Custody: Ending Collaboration Between ICE and Police and Jails In the Community: Ending ICE Arrests at the Home and Beyond Background The U.S. government today detains and deports noncitizens at historically unprecedented levels, and during the Obama administration, immigrants … Read more »
The U.S. today detains and deports noncitizens at historically unprecedented levels, and immigrants with criminal convictions are one of the key targets for mass deportation. Harsh immigration laws passed in 1996 combined with a political climate that brands immigrants with convictions as a threat to public safety puts millions at risk of detention and deportation. IDP works to distangle immigration and the … Read more »