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Guide for Criminal Defense Counsel: Representing Clients Detained by ICE

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;
  • Ensure continued communication with your client while they are in ICE custody;
  • Identify if your client will have a hearing and/or be assigned an attorney in Immigration Court; and
  • Access resources to ensure the best outcome for your client in criminal and immigration proceedings.

While much of the information in the guide is aimed at attorneys practicing in New York State, many of the strategies and considerations will apply to criminal defense attorneys across the U.S.

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