Immigrant Defense Project

IDP Joins NIP in Submitting Brief Arguing Against Retroactive Application of Deportation Relief Bar

On December 21, 2012, the IDP joined the National Immigration Project in submitting an amici “friend of the court” brief arguing that the federal government is wrong to apply retroactively the cancellation of removal eligibility “clock-stop” rule – enacted by Congress in 1996 – to pre-1996 criminal conduct.  Under the clock-stop rule, an applicant for cancellation of removal must show that he … Read more »

The Election is Over: Now What?

Over the years, those of us who fight for immigrant rights have heard our calls for a just immigration system rebuked by most politicians at the federal level. Instead, we have been met with an increasingly harsh mass deportation regime leading to the permanent exile of record numbers of our friends, family, clients, and community members. During the build up … Read more »

Hurricane Sandy: Weathering the Storm

Everyone here at IDP hopes this email finds you and your loved ones safe following Hurricane Sandy. Our thoughts are with all those who are still trying to recover from the devastating storm. Disasters like these have an impact on all of us, but they make the situations of those who are most vulnerable even more precarious. Our hearts especially … Read more »

IDP Contributes to Two Major Appellate Victories that Help Ensure the Promise of Padilla in New York State

IDP has been working steadfastly to ensure the promise of Padilla both across the state and nationally by attempting to shape the way courts interpret the scope of post-conviction relief for Padilla advisals. We are pleased to share these two exciting recent victories: Appellate Division, First Department Holds that Padilla Applies Retroactively to Convictions at Least as Far Back as … Read more »

IDP Fights Against Government Overreaching in Drug Aggravated Felony Case Before Supreme Court

On October 10, the Supreme Court heard argument in Moncrieffe v. Holder, the third Supreme Court case in the last six years challenging the government’s overbroad readings of the harsh drug trafficking mandatory deportation ground. In this case, the immigrant petitioner challenges the government’s policy of deeming certain low-level marijuana offenses to be “drug trafficking” aggravated felonies even if the … Read more »

Practice Advisory: DACA (Including Notes on NY Criminal Bars)

IDP has produced a practice advisory regarding the criminal bars to obtaining protection under Deferred Action for Childhood Arrivals (DACA), including specific notes on NY crimes and dispositions. This practice advisory was originally created by the Immigrant Legal Resource Center which granted IDP permission to generate this version.

DACA Legal Clinic on September 24

IDP and the New York Immigration Coalition (NYIC) are co-sponsoring a legal clinic for people eligible for Deferred Action for Childhood Arrivals (see DACA guidelines here) at NYIC’s office on September 24 from 6p to 9p. For more information, contact info[at]immigrantdefenseproject[dot]org.

September 22 New York Crimes and Immigration Seminar

IDP co-sponsors the New York Crimes and Immigration Seminar at NYU on September 22, 2012.  Please join us for a cutting edge crim-imm training and discussion, featuring a session on Post-Conviction Relief (PCR) Padilla developments.  Further details and registration here:  https://nortontooby.com/content/new-york-crimes-immigration-seminar-fall-2012#node-18849

IDP Report on Detention and Deportation Practices in NYC

On July 23, 2012, IDP, along with New York University School of Law Immigrant Rights Clinic and Families for Freedom, released “Insecure Communities, Devastated Families: New Data on Immigrant Detention and Deportation Practices in New York City.” In the wake of growing deportation programs such as the recently-activated “Secure Communities” initiative, this new report sheds light on the precise ways … Read more »

Practice Advisory: ICE’s “Secure Communities” in NYC

On May 15, 2012, ICE activated its “Secure Communities” program throughout New York State. As the implementation of this program may drastically alter the decision of noncitizen clients at arraignments, IDP has issued a practice advisory for criminal defense attorneys. “Secure Communities” (S-Comm) is an Immigration and Customs Enforcement (ICE) agency program that requires state and local law enforcement agencies to … Read more »

Advisory issued. Immigrants with convictions or arrests: Don’t let the DREAM become a nightmare

The Obama Administration’s decision to exercise prosecutorial discretion to extend deferred action to DREAMers is a step in the right direction toward ending unjust deportations, but may pose risks for some people who apply, especially those who have criminal convictions or arrests, juvenile dispositions, or possibly even tickets for minor violations.  The policy that the President announced includes broadly-worded bars … Read more »

IDP’s 2012 Wrap-up and Plans for 2013

IDP’s recent accomplishments and an overview of  some of our plans in the coming year: Litigation efforts in defense of immigrants’ rights Realize the full potential of Padilla v. Kentucky by continuing to train and mentor defender offices across the country to provide effective immigration advisals, to raise awareness in immigrant communities about these rights, and to shape best practices among criminal court … Read more »

126 defenders, 31 states, 1 national training

The Defending Immigrants Partnership (DIP) held its Sixth National Training on Immigration Consequences of Criminal Convictions in Denver in May 2012. DIP Partners IDP, ILRC and NIPNLG trained 126 attorneys from public defender offices in 31 states on crim-imm law, advising immigrant clients, strategies to avoid deportability and institutionalizing Padilla in defender offices. Attendees were nominated by their chief defender or … Read more »

Free Prosecutorial Discretion Clinic for Individuals Facing Deportation

LEARN HOW TO SUBMIT PROSECUTORIAL DISCRETION REQUESTS Wednesday, July 18, 2012 6 to 9 p.m. 137-139 West 25th Street, 12th floor, New York, NY The New York Immigration Coalition, New York Chapter of the American Immigration Lawyers Association and the Immigrant Defense Project would like to invite your members to a training on submitting prosecutorial discretion applications. This training is … Read more »

All-in-One Guide to Defeating ICE Hold Requests

The National Immigration Project, the Immigrant Legal Resource Center, the Immigrant Defense Project, the Washington Defender Association, and the National Immigration Law Center produced this resource in 2012 for organizers and advocates to prevent deportations in our communities. The All-in-One Guide to Defeating ICE Hold Requests aims to help communities better understand how immigration enforcement works, and ways to to engage with local police … Read more »

U.S. Supreme Court Protects Rights of Lawful Permanent Residents to Travel without Risking Denial of Re-Admission

On March 28, 2012, the U.S. Supreme Court issued an important decision protecting the rights of immigrants with long ago criminal convictions to travel abroad without risking detention and removal upon their return. In Vartelas v. Holder, No 10-1211, the Supreme Court struck down the government’s retroactive application of a 1996 immigration law amendment that the government said allowed denial of … Read more »

IDP Supports Successful Challenge to Depriving Noncitizen Defendants of the Benefits of Their Plea-Bargains

On January 30, the Fourth Circuit Court of Appeals rejected Matter of Silva-Trevino, a controversial decision of former Attorney General Mukasey that requires immigration authorities in certain cases to re-try the facts of criminal cases to determine whether the defendant engaged in deportable misconduct rather than relying on the facts established beyond a reasonable doubt in the criminal court.  The effect … Read more »