You probably know that people of color, which include immigrants, are disproportionately targeted in marijuana arrests by the police. You might not know that non-citizens get punished beyond the already harsh consequences of a marijuana conviction. Overnight, the lives they’ve built in the U.S. over decades can be destroyed. They can be torn from their families and exiled to a … Read more »
Car Stops – Resource & Know Your Rights Handout IDP has developed a two-page resource explaining what to do if you are the driver or the passenger of a car that is stopped by ICE. Includes a two-page pullout sheet that explains your rights and what to say if ICE stops you in a car. Available here in English. Disponible … Read more »
For Immediate Release October 20, 2020 Immigrant Advocates FOIA for Info on Clearview AI Contract with ICE for Facial Recognition Technology Mijente, Immigrant Defense Project, Just Futures Law, and ACLU NorCal say the public should know how ICE is monitoring their social media accounts NEW YORK — A group of immigrant advocates and attorneys have filed a Freedom of Information … Read more »
For Immediate Release July 22, 2020 For more information contact: Rachel Cohen, [email protected], Immigrant Defense Project Immigrant Defense Project Celebrates the Passage of the Protect Our Courts Act New York State Legislature Passes Momentous Legislation: ICE Cannot Use Courts to Trap Immigrant New Yorkers NEW YORK—The Immigrant Defense Project (IDP) applauded the passage of the Protect Our Courts Act (S425/A2176), which … Read more »
For Immediate Release June 10, 2020 For more information contact: Rachel Cohen, [email protected], Immigrant Defense Project Federal Judge Rules ICE Cannot Make Courthouse Arrests in New York New York Attorney General Leticia James and Brooklyn District Attorney Eric Gonzalez Win Summary Judgment: ICE Cannot Use Courts to Trap Immigrant New Yorkers NEW YORK—The Immigrant Defense Project (IDP) applauded the federal … Read more »
In response to the threat of COVID-19, IDP has created several new resources for lawyers, immigrants, advocates, and community members. These resources, including template motions for redetermination and a handout on how to protect your community during COVID-19, are available below, along with a compilation of non-IDP resources that we’ve come across in the last several weeks and thought were … Read more »
By Labe Richman A decade ago, when Justice Stevens issued his seminal decision in Padilla v. Kentucky, the obvious was finally acknowledged by the Supreme Court – that non-citizen defendants had the right to know the immigration consequences of their pleas of guilty. Many members of the community may not have understood the unfair and tragic situation that existed before. … Read more »
By Norman Reimer In reflecting on Padilla v. Kentucky at ten years, it is clear that in one important sense it transformed defense practice. The fact that the Supreme Court has not to date fully confronted the constitutional implications of the myriad collateral consequences that flow from a criminal conviction beyond immigration consequences means that Padilla remains somewhat of an … Read more »
Nancy Morawetz The tenth anniversary of the landmark Padilla v. Kentucky decision is an opportunity to reflect on the central role of the Supreme Court on day-to-day lawyering on behalf of immigrants. Padilla is the keystone of representation for immigrants charged with crimes – the case that makes clear that immigration and criminal consequences cannot be disentangled. Meanwhile, other cases … Read more »
By Alina Das Nearly two decades after a drug conviction threatened Vietnam veteran Jose Padilla– who also goes by Joe–with deportation, he was sworn into citizenship on March 19, 2019. As word spread, I happily relayed the news to my students at New York University School of Law. We had been studying Padilla v. Kentucky, Joe’s namesake, all semester. It … Read more »
Advising Non-U.S. Citizen Clients about Pleas to N.Y.C. Admin Code 10-179 in Summons Court New York City Summons Court cases often conclude with New Yorkers pleading to a non-criminal violation and paying a fine. Upon first impression, cases concluding with a non-criminal violation appear inconsequential. However, even pleas to non-criminal violations taken in Summons Court can lead to devastating consequences … Read more »
On August 28, 2019, the marijuana decriminalization and expungement bill that passed in New York State earlier this year went into effect. Despite the changes to the law, people can still be arrested, charged, and fined for possessing a small amount of marijuana and these incidents may still lead to devastating immigration consequences. To try to dispel misconceptions and clarify … Read more »
The Immigrant Defense Project and Make the Road New York have created a guide for criminal defense attorneys who represent clients who are or may be detained by ICE. This guide, last updated in June 2019, provides information to help criminal defense attorneys: Identify strategies and arguments for ensuring fair access to the court for your client in ICE custody; … Read more »
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On April 1, 2019, the One Day to Protect New Yorkers Act became law in New York as part of the New York State budget. By passing this law, New York has taken a firm stand against the devastation caused by ICE’s cruel and inhumane detention and deportation system. Read the press release here. IDP has already released several materials … Read more »
IDP is joining forces with JusticeAid to work towards ending the vilification of immigrants and the deep harm that the violence of detention and deportation is causing to our communities. JusticeAid is throwing a benefit concert with Los Lobos in support of IDP, accompanied by a public forum the preceding evening. Join us in Washington D.C. on April 15 and 16! Music benefit … Read more »
Alisa Wellek, Executive Director Immigrant Defense Project In the midst of Trump’s government shutdown, he has doubled down on the hateful rhetoric he has used from the start of his presidential campaign, in which the inherent “criminality” of immigrants played a central role in justifying a broad anti-immigrant agenda. We are inspired by those who are calling Trump’s demands out … Read more »
Dates Thursday, October 29, 2020 – 12:00 PM – 4:45 PM (ET) Friday, October 30, 2020 – 10:00 AM – 2:00 PM (ET) Please note that this program will be presented over Zoom webinar. Please see below for this year’s Agenda, list of speakers, and an FAQ. Registration Nonprofit/Legal Worker (1 day-October 29, 2020) – $100 Nonprofit/Legal Worker (1 day-October … Read more »
Alisa Wellek, Executive Director Immigrant Defense Project This month, IDP joined activists, elected officials, and its Immigrant Justice Network partners (Immigrant Legal Resource Center and National Immigration Project of the National Lawyers Guild) in Washington DC for Immigrants Speak Out: Day of Resistance Against Criminalization and Anti-immigrant Bills. There is still much work to be done to educate Members of … Read more »
Farhane v. U.S., 77 F.4th 123 (2d Cir. 2023) — Padilla, denaturalization:Brief of IDP in Support of Petitioner Brief of IDP in Support of Petitioner-Appellant’s Petition for Rehearing En Banc B- v. Garland, 23-6142 (filed with 2d Cir. 2023) — Y-L-, withholding of removal: Brief of IDP and NILA in Support of Petitioner Challenging Matter of Laguerre and immigration impact … Read more »