Immigrant Defense Project

Community Legal Resource: How Can I Learn What Happened in My Criminal Court Case in New York State? (English and Spanish)

There are many types of documents related to a criminal case in New York State. Each document provides different information about a case and not every document is always needed to understand what happened. IDP expanded our resource that previously focused only on New York City courts to guide people who need to request documents from a criminal court throughout New York … Read more »

Updated Immigration Consequences of Convictions Checklist (September 2026)

IDP has updated our two-page checklist which summarizes the criminal bars to removability (inadmissibility and deportability) as well as criminal bars to citizenship and applications such as Asylum/Withholding of Removal, 212(H) waivers, Cancellation of Removal for LPRs and Non-LPRs, VAWA cancellation, DACA renewal, and TPS. This is a national resource and has INA cites and relevant case cites hyperlinked throughout … Read more »

The Immigrant Defense Project Celebrates Ravi Ragbir’s Presidential Pardon

January 19, 2025 This morning our hearts skipped a beat upon hearing the incredible news that Ravi was granted a presidential pardon! We are beyond grateful for this news to come just 24 hours before Trump begins to enact his plans of further supercharging mass deportation. This moment would not have been possible without first and foremost, Ravi and his … Read more »

U.S. v. Gibson: Sample Motion to Reconsider and Reopen

NEW DEVELOPMENT! September 2023 The Second Circuit has now decided in U.S. v. Minter that certain “narcotic drug” and “cocaine” convictions from 1978-present are categorically overbroad relative to the federal Controlled Substances Act. IDP has provided resources about the Minter decision here. These resources are up-to-date and in many cases replace the below resources about the U.S. v. Gibson decision. February 2023 IDP … Read more »

NY Immigrant Justice Organizations Oppose LaSalle Nomination

January 10, 2023 NEW YORK– Over thirty immigrant rights community-based and legal advocacy organizations called on New York Governor Kathy Hochul to withdraw the nomination of Judge LaSalle as Chief Judge of the New York Court of Appeals, and on the New York Senate to reject the nomination. The organizations stand with the many others who have stood up against … Read more »

Immigrant Defense Project Calls on Biden to Extend Marijuana Pardon Protections to Immigrants

October 6, 2022 The Immigrant Defense Project has issued the following statement from Jane Shim, Senior Policy Attorney, in response to President Biden’s proclamation granting pardons to thousands of people convicted of simple possession of marijuana: “Marijuana prohibition has devastated poor communities and communities of color for too long, and President Biden’s decision to pardon some federal marijuana possession convictions … Read more »

IDP & Partners Cheer the Passage of Court Notification Bill

When signed by Gov. Hochul, the bill will strengthen immigrants’ constitutional right to receive legal advice in Criminal Court June 1, 2022 ALBANY, NY – New York is poised to strengthen much-needed constitutional protections for immigrants facing criminal charges after the State Assembly passed a bill mandating New Yorkers get notified of the possibility of immigration consequences. Advocates applauded the … Read more »

IDP Statement: NY Immigrant Rights Advocates Tell Gov Hochul: Don’t Roll Back Bail Reform

March 28, 2022 NEW YORK– Thirty immigrant rights community-based and legal advocacy organizations called on New York Governor Kathy Hochul and Lieutenant Governor Brian Benjamin not to proceed with their plan to rollback bail reform and warned that expanding criminalization and incarceration will increase harm to Black, Latinx and immigrant New Yorkers. The letter highlights the positive impacts that the … Read more »

Report: People Formerly Incarcerated in U.S. Immigration Detention Speak Out Against a System That Is Cruel by Design

            New report on world’s largest detention system shows policies designed to punish immigrants spread coronavirus and how  system degrades and dehumanizes people February 3, 2022 — ICE detention practices during the pandemic have shone a spotlight on the unacceptable conditions in the U.S.  immigration detention system. ICE practices were found to not only spread … Read more »

DHS Enforcement Guidance: Practice Advisories for Immigration and Criminal Defense Attorneys (Updated June 2023)

June 2023 Update: On June 23, 2023 the Supreme Court decided in U.S. v. Texas that states cannot challenge the administration’s enforcement priorities that guide immigration arrests and deportation.  Texas and Louisiana had tried to block DHS’s 2021 enforcement guidance/prosecutorial discretion memo (“Mayorkas memo”).  Although the decision did not automatically reinstate this memo, it appears likely that this will happen. In light of … Read more »

IDP’s Impact in 2021: Remarkable Victories in Challenging Times

Dear Friends of IDP, We started 2021 with the promise of renewed opportunities to reverse some of the deeply harmful practices of the previous administration. Despite the Biden administration’s promises to bring humanity to the immigration system, we have seen blatant racist and violent treatment of Haitians at the border, the defense of Trump-era policies in court, and the continued … Read more »

IDP Summer Internship

The Immigrant Defense Project (IDP) is a national nonprofit advocacy organization that promotes fundamental fairness for immigrants accused or convicted of crimes. IDP seeks to minimize the harsh and disproportionate immigration consequences of contact with the criminal legal system by working to transform unjust deportation laws and policies, and by educating and advising immigrants, their criminal defenders, and other advocates. … Read more »

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 »

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 April 2022.

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 »

IDP Statement: DHS’s Deportation Memo Reinforces Flawed Policies of the Past

September 30, 2021 New York, NY — Today, the Department of Homeland Security released a new deportation memo that continues to reinforce the role of policing and incarceration as a feeder into the deportation system. The memo responds to substantial advocacy by acknowledging the harms of taking a one-dimensional approach to immigration policing, and its deportation categories appear less rigid … Read more »

IDP Welcomes New Executive Director Jonathan Monsalve

After a nationwide search, we are thrilled to announce that Jonathan Monsalve has been selected as the Immigrant Defense Project’s next Executive Director. With a record of success building and growing mission-driven programs, Jon will bring vital leadership to IDP at a moment of critical growth. As the criminalization of immigrants has become more entrenched, the need for IDP’s advocacy … Read more »