Bolstered by the “War on Terror” and “War on Drugs,” the U.S. deportation apparatus has exploded over the last two decades. In the past five years alone, the United States deported more than 2 million immigrants. In this ever-hardening political context for immigrant with criminal convictions, in addition to our work to end the detention and deportation dragnet, IDP aims to identify strategic initiatives for reform in the criminal legal system to collaborate with allies to minimize arrest, imprisonment, and collateral consequences for both citizens and non-citizens.
Strategic Research Initiatives
In this era of mass deportation, where immigrants with convictions have been named by DHS as one of the primary targets for deportation, IDP works to develop and expand strategies to identify possibilities to expand rights within the criminal legal system. Working in close collaboration with allies, IDP researches multiple points of interventions — including local, state, and federal policy, as well as policing practices, judicial and prosecutorial practices, state penal codes, and litigation possibilities — to maximize rights for noncitizens and citizens.
We are working on areas where immigration consequences are particularly severe (e.g., drug and sex offenses); with heavily policed constituencies (e.g., LGBTQ, domestic violence, youth, gangs); and to support active criminal justice and immigration advocacy efforts.
In 2017 IDP’s report released with Harvard Law School’s Fair Punishment Project and the Immigrant Legal Resource Center released a report “The Promise of Sanctuary Cities and the Need for Criminal Justice Reforms in An Era of Mass Deportation.” The report urges city leaders who want to protect immigrants to act swiftly to end harmful criminal justice practices that criminalize poverty and send immigrants into the deportation pipeline.
One Day For New Yorkers: 364 Day Campaign
Immigrants may become eligible for relief from deportation–or no longer face deportation at all–if their offense carries a maximum sentence of 364 days, rather than 365 days. Due to a mismatch between federal and state law, certain misdemeanor offenses lead to detention and deportation if they carry a maximum sentence of 365 days. This is the case even if someone is never actually sentenced to a single day in jail.
In 2015, IDP launched the One Day for New Yorkers campaign with the Cardozo Law School Immigration Justice Clinic. The bill reduces the maximum prison sentence for New York misdemeanor offenses by just one day (from 365 days to 364 days). With this amendment, New York would join other states that have recently taken such a step to protect immigrant state residents from deportation for minor offenses.
Though the proposed one-day fix is a small change in state law, it would greatly reduce the immigration consequences faced by immigrant New Yorkers convicted of a misdemeanor offense. The law change would also restore discretion to immigration judges. Immigrants are currently being deported for misdemeanor convictions, and immigration judges often have no discretion to consider whether someone should be able to stay in the country due to factors like family ties, financial and emotional hardships caused by deportation, or how long they have lived in the U.S. The One Day for New Yorkers bill would allow judges to consider these full circumstances, instead of rubber stamping deportation orders because their hands are tied.
To learn more, contact 1Day4NY[at]@immdefense[dot]org
Drug Policy Reform
Drug offenses have some of the most serious and unforgiving immigration consequences.
To combat the rising tide of mass deportation and interrupt the drug-offense-to-deportation pipeline, IDP works to educate advocates and community members about the immigration consequences of drug offenses and to change laws to legalize or decriminalize drugs.
Deportations of immigrants with drug convictions (especially drug possession convictions) have soared in recent years. And according to a Human Rights Watch report complied with assistance from IDP, for more than 34,000 immigrants deported between 2007 and 2012, the most serious conviction was for marijuana possession.
IDP is working with the Drug Policy Alliance to change drug policies to benefit both citizens and non-citizens. We are currently working with DPA on a campaign to end marijuana prohibition in New York, bringing new immigrant rights allies into the work and highlighting the stories of those directly impacted by the intersection of harsh immigration and drug laws.
Pre-arrest diversion is one of the most effective tactics in halting the arrest-to-deportation pipeline. IDP joined the LEAD (Law Enforcement Assisted Diversion) National Bureau to provide criminal-immigration assistance to other members. “LEAD® uses police diversion and community-based, trauma-informed care systems, with the goals of improving public safety and public order, and reducing law violations by people who participate in the program.” Learn more about LEAD’s work here.
Mitigating Broken Windows Policing
The widespread criminalization of a wide range of activities through NYPD’s broken windows or quality-of-life policing practices has steadily driven up rates of arrests for violations and misdemeanors in New York City since the 1980s. Because the immigration system is extremely unforgiving, for non-citizens even a violation or misdemeanor can lead to detention and deportation.
To help defend against these consequences and protect civil and human rights against discriminatory and aggressive policing practices, IDP supports efforts to minimize the number of people entering the criminal legal system—including supporting pre-arrest drug or mental health diversion programs and providing Know-Your-Rights trainings to communities.
IDP was part of the coalition that worked on the IDNYC, a municipal identity card program for New Yorkers. IDP’s role in this coalition was to maximize protections for immigrant New Yorkers who are vulnerable to deportation in the program — including pushing for the NYPD to not arrest immigrants who have ICE administrative warrants and to maximize privacy protections for New Yorkers whose documents have been retained as part of the application for the IDNYC.
IDP has partnered with the NYU Law School Immigrants’ Rights Clinic to advocate against the disproportionate, unjust impact non-criminal offenses – often addressed in Summons Court – can have in barring eligible young New Yorkers from relief under the federal government’s Deferred Action for Childhood Arrivals (DACA) program.