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 »
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 »
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 »
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 »
Law360 published an op-ed by Andrew Wachtenheim, IDP’s Supervising Litigation Attorney, analyzing a body of administrative law opinions that wrongly attach harsh and unauthorized immigration consequences to past contact with the criminal legal system, with discriminatory impact on immigrants of color. The op-ed focuses on precedent decisions published by the Board of Immigration Appeals and Office of the Attorney General … Read more »
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 »
Immigrant Defense Project and NIPNLG have issued a new national-scope practice advisory entitled “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021). The practice advisory discusses the origins of the “realistic probability” concept in immigration law, national case law on realistic probability, and litigation issues currently before the immigration agencies and federal courts. The new advisory is an update to … Read more »
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.”
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 »
Today, the New York legislature reversed years of harmful criminalization by passing the Marijuana Regulation and Taxation Act, which creates a legal recreational marijuana market in New York and expands the medical marijuana program. For years, New York marijuana convictions have caused immeasurable harm to immigrant communities across New York State. Marijuana prohibition has fueled the disproportionate arrest rate of … Read more »
Today the House passed the American Dream and Promise Act and the Farm Workforce Modernization Act, bringing millions of immigrants who came to the US as kids, who are eligible for Temporary Protected Status or Deferred Enforced Departure, or who worked in agriculture, one step closer to permanent protection and access to life-sustaining resources, opportunities, and care. Yet this step … Read more »
ALBANY – Senator Julia Salazar and Assembly Member Karines Reyes, joined by members of the immigrant advocacy, faith, and public health communities came together today to announce The New York for All Act, which prohibits state and local government officials, including police and sheriffs, from diverting personnel and resources or disclosing sensitive information to assist federal immigration enforcement. The New York for All … Read more »
February 2, 2021 As we awaken from the nightmare of Trump’s presidency, we are relieved to see President Biden responding to years of organizing against the racism and xenophobia that has fueled immigration policing, detention and deportation over the last four years. President Biden’s executive orders on immigration represent an important acknowledgment that the current immigration system’s policies and practices … Read more »
December 17th, 2020 By Immigrant Defense Project and Center for Constitutional Rights On November 17, 2020, at 4:45 AM, five plain-clothes agents from Immigration and Customs Enforcement (ICE) climbed the side of a building in south Brooklyn and attempted to enter a second floor apartment. They banged on windows, breaking one, and threatened the tenants on the ground floor–if they didn’t let … Read more »
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 »
Este folleto, producido por el Proyecto de Defensa del Inmigrante (Immigrant Defense Project) y el Centro de Pedagogía Urbana (Center for Urban Pedagogy), es una guía en español orientada a la comunidad que informa a las personas como preparase para un posible arresto, detención, y procedimientos en la corte de inmigracion por ICE. Enfatiza la importancia de obtener asesoría legal precisa, recopilar y … Read more »
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 »
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 »
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 »
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 »