On November 29, 2021, DHS’s new enforcement guidance memo, issued by DHS Secretary Alejandro Mayorkas on September 30, 2021, went into effect. This memo is supposed to guide ICE and CBP actions related to immigration arrest, detention, and deportation. These policies continue to use flawed frameworks and provide a lot of discretion to ICE agents in determining whether to take … 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 »
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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 December 2020) 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 »
This checklist summarizes defensive legal arguments and strategies that noncitizens and their legal representatives may pursue in removal proceedings involving crime-related charges. Download: Removal Defense Checklist in Criminal Charge Cases
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.