IDP applauds the April 10th Order of Attorney General Eric Holder vacating Matter of Silva-Trevino, 24 I&N Dec. 287 (AG 2008), a highly problematic decision that has led to the unjust deportation of many immigrants from the United States. This action by the sitting Attorney General is a tremendous step in the restoration of justice and due process to immigrants facing possible … Read more »
For decades, Immigration and Customs Enforcement (ICE) used its office trailer on Rikers Island, one of the world’s largest jails, as a base for funneling thousands of New Yorkers into a mass detention and deportation machine that tears apart families and violates human rights. On Valentine’s Day, 2015, the Immigrant Defense Project celebrated the #bestbreakupever. February 14, 2015 was the first day that … Read more »
The Supreme Court yesterday heard a case that reflects the tragic absurdity of both the War on Drugs and the mass deportation machine that relies on it: Moones Mellouli, a math teacher and lawful permanent resident has been forever separated from his family and home in the U.S. for possessing a sock. In Mellouli v. Holder, at issue is the … Read more »
For Immediate Release: Immigrants Rights Advocates, Legal Service Providers and Faith Leaders Applaud the Introduction of Bill to End NYC’s Collaboration with Unjust Deportation Machinery Bill would protect immigrant families, draw clear line between local and immigration law enforcement, and make the city safer New York – Leading immigrants rights organizations from across the city who have worked for years … Read more »
This year, we experienced the landmark of 2 million deportations in the past six years and the flat lining of Congressional efforts to enact comprehensive immigration reform. While these two facts are well known, the reality that an unprecedented number of families have been permanently separated as a result, depriving hundreds of thousands of American children the opportunity to be … Read more »
On June 30, 2014, in People v. Baret, the New York State Court of Appeals held that Padilla does not apply retroactively in N.Y. State, thereby elevating “sterile legal doctrine” over humanity and justice, according to Chief Judge Lippman. IDP has responded with an advisory detailing strategies to achieve post-conviction relief after Baret. Although this decision may insulate many unjust pre-Padilla convictions … Read more »
IDP filed an amici brief in People v. Baret, asserting that the New York criminal defense bar’s diligent response to the draconian immigration laws passed in 1996 supports Padilla retroactivity as a matter of state law. 440 litigants may find the brief useful for its compilation of resources – trainings, publications, hotline support – available to support defense attorneys in … Read more »
Join Mekong NYC, IDP, and Families for Freedom for the NYC screening of “Cambodian Son” at MIST Harlem, 46 West 116th Street, April 27. There is a reception at 2 pm and the film begins at 3 pm. This documentary follows the life of Kosal Khiev. Kosal was convicted as an adult of attempted murder at 15, served 14 years, … Read more »
IDP has been working with Howard Bailey, a veteran who was deported in 2012 to Jamaica, a country he had not seen in over 24 years. Read Howard’s story published April 11 in Politico Magazine. “I often think about Friday dinners with my family. Every Friday, no matter what, my wife and I took our two children out to eat; … Read more »
On December 23, 2013, the Immigrant Defense Project joined with other immigrant rights’ organizations in filing an amici curiae brief before the U.S. Supreme Court in U.S. v. Castleman. In that criminal case, the federal government is asking the Court to adopt a broad reading of the “misdemeanor crime of domestic violence” predicate crime provision at issue that would include … Read more »
On November 19th, in People v. Peque, the highest court in NY held that due process requires that judges warn defendants of possible deportation as a result of felony guilty pleas. The due process analysis is wonderful, and worth a read. The problem with the decision is the Court’s articulation of a remedy, or lack thereof. The Court ordered a … Read more »
On the removal defense litigation front, IDP is using the momentum from recent Supreme Court victories in Moncrieffe and Descamps to support efforts to roll back overreaching court interpretations of the deportation laws. Together with the Stanford Law School Immigrants’ Rights Clinic and other allies, last month IDP filed an amici brief in Carrasco-Chavez v. Holder, urging the Fourth Circuit to abandon its misguided rule that prevents some immigrants … Read more »
In Rojas v. Holder, __- F.3d ___ (3rd Cir. August 23, 2013), the full Third Circuit federal court of appeals upheld the appeal of the immigrant in a case where the government had ordered the person deported based on a Pennsylvania drug paraphernalia conviction even where the government had failed to show that the offense was related to a controlled substance on the … Read more »
The final Senate vote on the immigration bill has just been cast. This is a historic moment for the United States, but there remain serious problems with this flawed bill as it stands today. The Senate bill falls short of ensuring fundamental due process protections for all aspiring citizens, and disregards the safety and wellbeing of immigrant communities nationwide by … Read more »
In Olivas-Motta v. Holder, __- F.3d ___ (9th Cir. May 17, 2013) the Ninth Circuit became the fourth circuit court of appeals to reject the Attorney General’s decision in Matter of Silva-Trevino, 24 I&N Dec. 287 (AG 2008), which permitted immigration courts to find some immigrants who have been convicted of crimes removable on the basis of alleged facts about their criminal … Read more »
On May 16, the First Appellate Dept. ruled in People v. Antonio Badia that it was improper to dismiss Antonio Badia’s 440 motion because the defendant had been deported. IDP, along with the Post-Deportation Human Rights Project, filed an amici brief arguing that defendants should be allowed to litigate post-conviction relief cases after deportation. The trial court had refused to look at the merits … Read more »
As the nation recovers from the horrific bombings in Boston, conservatives hastily called for delay of the Senate’s upcoming immigration reform debate, perhaps with the intent of proposing more extreme immigration measures and scoring political points with immigration opponents. Some likewise used the fear after Timothy McVeigh’s 1995 bombing in Oklahoma City as an impetus to pass drastic changes to … Read more »
The Supreme Court has released its long-awaited decision in Moncrieffe v. Holder, holding that an offense that punishes the transfer of small amounts of marijuana for no remuneration cannot be deemed a “drug trafficking crime” aggravated felony under the categorical approach. The Court’s 7-2 decision is also likely to have a beneficial impact on some other key issues regarding the proper … Read more »
We have postponed this event due to a last minute cancellation of the Floyd court case tomorrow.
Visit IDP’s Federal Immigration Policy page for analyses and updates.