Immigration detainers are a key component of ICE’s detention-to-deportation pipeline. An immigration detainer is an administrative request to state or local law enforcement to detain individuals who would otherwise be released, or notify ICE in advance of release, so that ICE can arrest the person. State and local law enforcement are not required to honor detainers but many do. ICE relies on state and local law enforcement as a “force multiplier” which increases their ability to detain and deport people.
In 2014, New York City council passed local laws to limit the ability of the Department of Corrections (“DOC”) and NYPD to honor detainers. In practice, this means that the City should only cooperate with ICE in limited situations. While the detainer laws sometimes clearly apply, there are some situations that are not explicitly addressed by the law and how DOC interprets the law may be at odds with how advocates and city council intended the law to operate.
The Immigrant Defense Project regularly advises defense attorneys on detainers and will share some of the obstacles in answering the deceptively simple question of “will my client be turned over to ICE if they are released from custody?” This training will provide background about the use of detainers by ICE, review New York City laws governing when a detainer may be honored, and suggest tips for advocating for the safe release of clients in DOC custody. This training is recommended for assigned and privately retained defense attorneys.
What you will learn:
- What an immigration detainer is and in what situations it is likely to be issued
- How to determine whether your client in DOC has an immigration detainer
- An overview of both New York State and City laws related to honoring immigration detainers with emphasis on New York City’s detainer law, who is protected by it and how it is interpreted by DOC
- What to do when New York detainer policies are violated and how immigration attorneys can help guide you through next steps
- A brief overview of considerations for client who have detainers and are transferred into New York State Department Corrections (“DOCCS”) custody and clients whose convictions are on direct appeal while they remain in criminal custody
Who should attend:
Defense attorneys representing immigrant clients in criminal court proceedings
- Genia Blaser—Director of Hotline
- Ryan Muennich—Acting Supervising Attorney for the Padilla Support Center
Tuesday, December 12, 2023 – 2:00pm – 3:30pm (ET)
Please note that this is an online event and will be held through the Zoom webinar platform.
The program is presented free of charge.
Registration is currently open and will close on Tuesday, December 12, 2023 at 1:00pm (ET).
How to access a Zoom Webinar:
The Immigrant Defense Project requires all registrants to authenticate their profile in order to confirm the registrant’s identity. You must register for this webinar training using an email address that is associated with a Zoom account. If you did not do this, you will need to create a new account that corresponds to the email address used during your registration. How to Access a Zoom Webinar
Continuing Legal Education Credits:
IDP has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York (2022–2025) in traditional and non-traditional formats. This transitional/non-transitional program has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.5 credit hours in Areas of Professional Practice.
- This course is offered free of charge.
- Training will be held online through the Zoom webinar platform. You must register for this webinar training using an email address that is associated with a Zoom account.
- Individuals who are not present during the live training will not be eligible for the CLE credits.
- CLE certifications will be distributed by January 9, 2024.
- Please send inquiries to [email protected]