Month: October 2021

Alert: Rikers Transfers and Non-U.S. Citizens

On October 13, 2021, Governor Hochul and Mayor De Blasio announced a plan to transfer the majority of women and Transgender, Gender Non-Conforming, NonBinary, and Intersex (TGNCNBI) people who are incarcerated by DOC at Rose M. Singer Center (RMSC) on Rikers Island to New York State DOCCS facilities (the Bedford Hills Correctional Facility and the Taconic Correctional Facility). The Immigrant … Read more »

CLE Training: Crim-Imm 101: Understanding Immigration Status for Defense Attorneys

In 2010 the Supreme Court decided ​Padilla v. Kentucky​, holding the 6th Amendment requires criminal defense counsel to advise non-citizen clients about the immigration consequences that could arise from the decision to plead guilty or go to trial. Since ​Padilla ​was decided, it has become more necessary than ever for defense attorneys to advise immigrant clients about not only immigration … Read more »

Review of post-conviction options for select jurisdictions

The Post-Conviction Relief State Summary Chart provides an overview of relevant vehicles and deadlines in select jurisdictions. When an immigrant client faces adverse immigration consequences based on a prior criminal conviction, one strategy for immigration counsel is to investigate the possibility of post-conviction relief. This chart provides a starting point for that investigation. Last updated 10/21/2020.

Resource: ICE Knows That You’re In DOCCS 

IDP has put together a resource that provides critical information to immigrants who are facing time in NYS Department of Corrections and Community Supervision (DOCCS) or who are currently in DOCCS custody. Even though ICE and DOCCS have established close collaboration over the past few decades, people entering into or in DOCCS custody often have very little information on what … Read more »