News & Resources

New Report: ‘Smart City’ Projects Offer Illusory Progress

These Tech-Heavy Plans Purport to Solve Complicated Social and Economic Issues, but Plans Actually Undermine Local Democracy and Expand Surveillance, Authors Say NEW YORK- So-called “Smart City” programs that purport to use technology, data and corporate partnerships to solve social problems or improve government services and infrastructure, often fail to achieve their objectives, according to a new report released today, … Read more »

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 »

ICE and Biometrics Collection

DP is investigating ICE DNA practices during processing since the DOJ issued its final rule to collect DNA from people in immigration custody and other possible policy changes. If you have any information on examples of people who have been swabbed for DNA in connection with an arrest by DHS, and particularly ICE, please contact us via the webform below. IDP submitted a comment in response … 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 »

Best Practices Guide to Screening for Immigration Consequences In New York Family Court, with Supporting Materials

The best practices guide and supporting materials below are designed to help family court counsel identify when to work with an immigration attorney in a client’s case and navigate the complexities of incorporating immigration concerns into their representation. Actions taken in family court, such as admissions to non-citizen status, findings that the respondent has violated an order of protection, or … Read more »

Legal Analysis of New DHS Courthouse Arrest Policy (April 2021)

In April of 2021, DHS issued a revised courthouse arrest policy clarifying its position on when ICE and CBP officials can conduct civil immigration arrests in or near courthouses. For a brief explanation and analysis of the memorandum, please see IDP’s Legal Analysis of April 27, 2021 DHS Memorandum “Civil Immigration Enforcement Actions in or near Courthouses.”

CLE Training: Steps to Analyze the Immigration Impact of Criminal Contact and Convictions for Immigrant Clients

What you will learn: Contact with the criminal legal system can create unique risks and complications for an immigrant client. The Immigrant Defense Project Helpline provides individualized analysis of the effect of any contact with the criminal legal system on a person’s immigration status and gives clear, accurate, individualized advice to legal service providers by serving as “crim-imm” experts. This … Read more »

Legal Service Provider CLEs – Spring 2021 Series

Description IDP is offering a free online training series in the months of May and June. The goal of this series is to train immigration attorneys and advocates, DOJ-accredited representatives, and support staff on issues at the intersection of criminal law and immigration law. The series will cover issues related to advising clients who have had contact with the criminal … Read more »

Civil Rights Groups, Lawmakers Call On NYC And NY State To ‘Ban The Scan’, Outlaw Facial Recognition

New York, NY – On Tuesday, January 26,, Amnesty International, the Surveillance Technology Oversight Project (S.T.O.P.), New York City Public Advocate Jumaane Williams, New York State Senator Brad Hoylman, Legal Aid Society, National Action Network, Warriors In The Garden, Immigrant Defense Project, New York Civil Liberties Union, the Electronic Frontier Foundation and other advocates held an online press conference calling … Read more »

Immigrant Defense Project and the ICE Out of Courts Coalition Celebrate Signing of Protect Our Courts Act

For Immediate Release December 15, 2020 Immigrant Defense Project and the ICE Out of Courts Coalition Celebrate Signing of Protect Our Courts Act  With Governor’s Signature, New Law Prohibits ICE From Using Courts to Trap Immigrant New Yorkers NEW YORK— With Governor’s Cuomo signing the Protect Our Courts Act (S425/A2176) into law today, New York has taken a momentous step … Read more »

Ten years later, fulfilling the promise of Padilla v. Kentucky

by Manny Vargas As COVID-19 hit New York and the nation in March, an important immigrant rights’ anniversary date passed largely unnoticed – the tenth anniversary of the U.S. Supreme Court’s March 31, 2010 decision in Padilla v. Kentucky. For immigrants, Padilla represented a groundbreaking recognition by the highest Court in the country that for noncitizens, the constitutional right to … Read more »

Detention Litigation

Background IDP engages in litigation efforts to challenge the unjust detention of immigrants. Our ongoing work primarily focuses on habeas corpus petitions before the federal courts and bond litigation before immigration courts. Specifically, IDP has supported legal challenges to mandatory detention based on previous criminal convictions or classification as an “arriving alien,” detention pending a final order of removal where … Read more »

Criminal Process and Procedure

Background IDP engages in strategic litigation before both federal and New York State courts to ensure full and fair proceedings for noncitizen defendants facing criminal charges. Since its inception, IDP has worked to establish all immigrants’ constitutional rights before the criminal courts, including the right to effective assistance of counsel and the right to appeal convictions. IDP continues to build … Read more »

“Particularly Serious Crimes”

Background 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 … Read more »

Crimes Involving Moral Turpitude

Background IDP supports litigants in cases addressing whether certain offenses are categorically deemed “crimes involving moral turpitude” under immigration law, advocating for the strict application of the categorical approach. Practice Advisories Practice Advisory: Litigating CIMT Theft Removal Charges and Adjudicative Retroactivity in the Second Circuit After Obeya v. Sessions (April 18, 2018, by IDP) Addendum: Exploring Applications of the Anti-Retroactivity Holding of Obeya … Read more »

Records of Conviction and the Burden of Proof

Background IDP is engaged in litigation before the federal courts and BIA challenging government efforts to bar noncitizens from establishing eligibility for relief from removal or eligibility for lawful status solely because a “record of conviction” is merely ambiguous as to whether the conviction is for a disqualifying offense under immigration law. Under the government’s view, noncitizens could be barred … Read more »

Retroactivity

Background IDP participates in litigation efforts to limit retroactive application of new laws and policies that restrict the rights of immigrants. For example, IDP has worked to prevent retroactive application of certain provisions of the 1996 laws, such as the repeal of former 212(c) relief and restrictions on re-entry for lawful permanent residents. Practice Advisories Matter of Abdelghany: Implications for … Read more »