IDP has accumulated training materials for criminal defense counsel regarding their constitutional duty to investigate, advise about, and negotiate to avoid denaturalization consequences for naturalized defendant clients charged with conduct predating their naturalization. Criminal defense and immigration lawyers may access these materials here.
June 2023 Update: On June 23, 2023 the Supreme Court decided in U.S. v. Texas that states cannot challenge the administration’s enforcement priorities that guide immigration arrests and deportation. Texas and Louisiana had tried to block DHS’s 2021 enforcement guidance/prosecutorial discretion memo (“Mayorkas memo”). Although the decision did not automatically reinstate this memo, it appears likely that this will happen. In light of … Read more »
In response to a request for information filed by the Immigrant Defense Project (“IDP”), the New York State Division of Criminal Justice Services has released data regarding arrests and prosecutions under ten misdemeanor provisions of the New York Penal Law (“NYPL”). The data set documents information regarding disposition, conviction, and sentence imposed for arrests under NYPL 120.00 (assault in the … Read more »
In response to a request for information filed by the Immigrant Defense Project (“IDP”), the New York State Division of Criminal Justice Services has released data regarding arrests and prosecutions under Section 260.10(1) of the New York Penal Law (“NYPL”), endangering the welfare of a child, a level-A misdemeanor. The data sets document arrests, dispositions, and sentences imposed; race of … Read more »
Representing Immigrant Defendants in New York, 5th Edition Over 20 percent of New York State residents are foreign-born, according to the U.S. Census, and many are non-citizens who may be easily subject to detention and deportation for criminal convictions. Through a well-organized explanation and analysis of the relevant law – along with our renowned two-page “Immigration Consequences of Crimes Summary Checklist” … Read more »
These charts list common criminal offenses, and whether they might trigger an immigration ground of removability (and thereby subject an immigrant to deportation): New York (Updated January 1, 2023) Alabama (Updated March 2017) Arizona (Updated June 2016) California (Updated March 2019) Connecticut (Updated May 2017) Massachusetts (Updated May 2018) North Carolina (Updated 2017) Pennsylvania (Updated March 2019) Vermont
Download: “Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Case Law Standards and Sample Determinations
This chart is separated by capital letter category which relates to the relevant subsection of the statutory definition of “aggravated felony.” Within each letter category, the cases are grouped by jurisdiction beginning with the Supreme Court and the Board of Immigration Appeals and continuing through the Circuit Courts of Appeals and the Federal District Courts (and by reverse chronological order … Read more »
IDP has updated our two-page checklist which summarizes the criminal offenses that might have immigration consequences for immigrant defendants. Includes summary of criminal bars relating to the DACA temporary administrative status program, as announced by DHS on June 15, 2012.