Month: February 2016

Anti-violence Work: Intimate and Domestic Violence Survivors, LGBTQ People, and Sex Workers

In our work to end the police-to-deportation pipeline, IDP has worked closely with organizations that have frequent interaction with the police. In June 2011, we supported the formation of the Anti-Violence Advocates Against Deportation, a coalition of intimate partner and domestic violence survivors, LGBTQ people, youth, sex workers, labor and sex-trafficking survivors, people of color, people living with HIV/AIDS, and … Read more »

Fighting for People With Criminal Convictions and Formerly Imprisoned People

As immigrants with convictions are increasingly vilified and targeted for deportation, IDP works with a broad range of allies to develop campaigns around strategic reforms within the criminal justice system that will reduce both incarceration and its collateral consequences on immigrants. IDP works in coalition with organizations focused on policing, such as Communities United for Police Reform, to provide general support for advocacy … Read more »

Ending the War on Drugs and the War on Immigrants

To combat the rising tide of mass deportation and interrupt the drug-offense-to-deportation pipeline, IDP works to educate advocates and community members about the immigration consequences of drug offenses and to push for laws to decriminalize drugs. We are currently working with allies such as the Drug Policy Alliance to achieve these goals in relation to marijuana. IDP supported Human Rights Watch on their June … Read more »

Records of Conviction and the Burden of Proof

Background IDP, represented by Stanford Law School’s Immigrants’ Rights Clinic, is engaged in litigation before the Court of Appeals and BIA to ensure that noncitizens are not barred from establishing eligibility for relief from removal or for lawful status just because a “record of conviction” is ambiguous as to whether the conviction is for a disqualifying offense. IDP has appeared as amicus curiae … Read more »

“Particularly Serious Crimes”

The United States has long offered protected status to those fleeing persecution abroad in the form of Asylum and Withholding of Removal. Under its obligations under the U.N. Refugee Convention to which the U.S. is a party, only the most serious criminal convictions that present actual danger to the community in the United States can bar a person from receiving … Read more »

Judicial Review

Litigation related to Judicial Review: Amicus Brief: Lee v. Ashcroft (May 2004) — 2nd Circuit: IDP and the Brennan Center for Justice submitted this brief urging access to federal habeas review for immigrants with claims of national status.  Amici were represented by Lawrence S. Lustberg and Jonathan L. Hafetz of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.

212(c) Relief and Retroactivity

IDP has supported efforts to limit retroactive application of new restrictions on the rights of noncitizens, especially the elimination in 1996 of discretionary relief from removal under INA s 212(c) for noncitizens who would have been eligible for that relief prior to its repeal. Key Retroactivity Cases INS v. St. Cyr, 533 U.S. 289 (2001) Earlier efforts culminated in a … Read more »

Crimes Involving Moral Turpitude

Briefs Amicus brief to BIA (Aug. 2, 2017) — modified categorical approach and CIMTs (pro bono counsel Devin Theriot-Orr) Amicus brief, Petitioner’s opening and reply briefs, Government’s brief, to Second Circuit (2017) — NYPL 1552.5, petit larceny, as CIMT; adjudicative retroactivity (pro bono counsel Richard Mark of Gibson Dunn for Petitioner; IDP for amici) Amicus brief to BIA (Mar. 8, … Read more »

Finality of Convictions

IDP and our allies continue to engage in strategic litigation before the immigration agencies and the federal courts in support of the conviction “finality rule,” which holds that for a criminal conviction to trigger certain immigration consequences, all direct appeals of right must be exhausted or waived. Please contact IDP’s litigation experts for amicus support or technical assistance in cases … Read more »

Using and Defending the Categorical Approach

Current Practice Advisories on the Categorical Approach Esquivel-Quintana v. Sessions: Supreme Court Limits Reach of Aggravated Felony “Sexual Abuse of a Minor” Ground and Provides Support on Other Crim-Imm Issues (2017, IDP and NIP-NLG) Administrative Removal under 238(b): Questions and Answers (2017, IDP and NIP-NLG) Sample Response to Notice of Intent to Issue a Final Administrative Order of Removal Sample … Read more »

Immigrant Stories: The Carrascos Family

Hugo is a DREAMer who came to the United States at ten years old in 1995. His parents brought him and his brothers and sister to go to school. He grew up in a Christian home and has always known the United States as his home country. He didn’t know about his status until he got to high school and … Read more »

Community Education: Workshops and Trainings

IDP Train-the Trainers IDP offers substantive Know Your Rights Train-the-Trainer presentations to equip community members and advocates for training others on ICE enforcement and strategies for invoking legal rights.  A video and materials from our most recent training are available here. To be notified about other know your rights training opportunities in the future, fill out this form. For other questions, email [email protected]. … Read more »

Additional Resources for Judges

Padilla and Beyond: An ABA Criminal Justice Section Publication – features materials and an instructional video from The Criminal Justice Section Symposium at the Newseum in Washington, D.C. (2010) Implications of Padilla v. Kentucky on the Duties of State Court Criminal Judges by Steven Weller and John A. Martin, Center for Public Policy Studies (Jul. 2010)

Ensuring Compliance with Padilla v. Kentucky without Compromising Judicial Obligations

In Padilla v. Kentucky, the Supreme Court confirmed that criminal defendants have a right to advice from counsel about the potential immigration consequences of their convictions, and that failure to provide such advice may constitute ineffective assistance of counsel, in violation of the Sixth Amendment. As courts around the country consider what role they should play in ensuring that defense counsel … Read more »

Judicial Obligations after Padilla v. Kentucky

Judicial Obligations After Padilla v. Kentucky: The Role of Judges in Upholding Defendants’ Rights to Advice About the Immigration Consequences of Criminal Dispositions (October 2011) This 69-page report provides general background information and informed guidance to criminal court judges about the wide range of implications of the Padilla decision and to recommend best practices for judges to protect the rights of noncitizen defendants under that … Read more »

Additional Resources for Prosecutors

A Prosecutor’s Expanded Responsibilities Under Padilla (February 2012) This Saint Louis University Law Review article addresses the expanded role of prosecutors relating to various civil consequences of criminal convictions, including immigration consequences, subsequent to the 2010 U.S. Supreme Court decision in Padilla v. Kentucky. The article was authored by Robert M. Johnson, past President of the National District Attorneys Association, past … Read more »

Prosecuting Post-Padilla

IDP provided guidance to the author of the following publication addressing the role of prosecutors after Padilla. Prosecuting Post-Padilla: State Interests and the Pursuit of Justice for Noncitizen Defendants (November 2012) This Georgetown Law Journal article addresses the role of prosecutors in ensuring just results for noncitizen defendants in the criminal justice system after the 2010 U.S. Supreme Court decision … Read more »

Understanding and Fulfilling Your Duty to Immigrant Clients

Practice Advisory: Duty of Criminal Defense Counsel: Representing an Immigrant Defendant after Padilla v. Kentucky (April 9, 2010, appendices updated January 2012) In the landmark Padilla v. Kentucky decision (U.S. March 31, 2010), the United States Supreme Court held that, in light of the severity of deportation and the reality that immigration consequences of criminal convictions are inextricably linked to the criminal proceedings, the … Read more »

Resources for New York Defenders

Quick Reference Chart for Immigration Consequences of New York Criminal Offenses This digital, subscription-based chart provides access to newly updated information about the possible immigration consequences of specific, commonly charged New York offenses (now available with updates current as of July 2016). Practice Advisory: 2014 NYC Detainer Law On October 22, 2014 the New York City Council passed groundbreaking legislation … Read more »