Practice Advisories and Alerts for New York Defenders
Practice Alert for New York Criminal Defense Attorneys: N.Y.P.L. § 110-120.05(4), Attempted Reckless Assault (January 2026)
The Practice Alert provides information on an immigration-safer disposition in New York state, attempted reckless assault in the 2nd degree. It gives a quick summary of its protective effects, as well as information on negotiating such pleas with prosecutors.
Practice Alert for New York Criminal Defense Attorneys: The Laken Riley Act (May 2025)
The Practice Alert provides a basic overview of new legislation affecting detention practices for non-citizens in removal proceedings, including who is affected as well as best practices for defenders.
Practice Advisory: Protecting Naturalized Citizens from De-naturalization and Deportation (Updated February 2025)
This short practice alert provides criminal defense attorneys with background and information to protect clients who have been granted U.S. citizenship from allegations of citizenship fraud based on a guilty plea to a crime.
Defender Update on New York “Narcotic Drug” Convictions (September 2023)
This Defender Update for Criminal Defense Attorneys is on the effect of the Second Circuit decision in United States v. Minter on New York narcotic drug prosecutions.
DHS Enforcement Guidance: Practice Advisory for Criminal Defense Attorneys (Updated June 2023)
The Practice Advisory for Criminal Defense Attorneys provides guidance for defense attorneys on identifying issues and advocacy strategies for immigrant clients in light of the Mayorkas memo. We have written this to be useful for Padilla attorneys and line defenders.
Special Considerations for Non-citizen Defendants Regarding Implementation of Youthful Offender Redeterminations (January 2022)
The Practice Alert provides guidance about the immigration considerations for non-citizens who apply for a new determination of Youthful Offender status under New York Law.
Alert: Rikers Transfers and Non-U.S. Citizens (October 2021)
Guidance and strategies for mitigating the negative immigration consequences of the plan to transfer people out of New York City DOC custody at Rikers Island to New York State DOCCS custody.
Practice Alert for Criminal Defense Attorneys: Marijuana Legalization and Considerations for Immigrant New Yorkers (March 2021)
Practice Alert: Seeking Release of Immigrant Clients From State and Local Custody During the COVID-19 Health Emergency (March 2020)
Guidance for criminal defense attorneys on considering the risk of transfer to ICE custody when requesting release from state or local custody as a result of the COVID-19 public health emergency.
Practice Advisory: “One Day to Protect New Yorkers” Legislation (Updated January 2020)
This practice advisory explains strategies for representing clients who could benefit from One Day to Protect New Yorkers–the new law changing the maximum possible sentence for class A and unclassified misdemeanors from 365 to 364 days. It is geared toward immigration attorneys and criminal defense attorneys representing clients in motions under NYCPL § 440.
Practice Alert: DOC Implementation of the 2014 Detainer Law
This infographic provides updated information about the way that the NYC Department of Corrections (DOC) has implemented the New York City 2014 Detainer Law. It provides detailed guidance about which clients may be at risk of being transferred to DHS Immigration and Customs Enforcement (ICE) despite the city’s law limiting the circumstances in which it will honor detainer requests.
Practice Advisory: New York City 2014 Detainer Law
Includes details about NYC’s groundbreaking legislation further limiting local cooperation with federal mass deportation programs, and the impact of the Priority Enforcement Program (PEP).
Practice Guides for Attorneys
Will a Criminal Court Case Affect My Immigration Status? Issues to Consider for Immigrant Clients in Criminal Court
Introductory Guide to Immigration Status for Attorneys
Immigration Consult Worksheet for Defense Attorneys
Family Court: Best Practices Guide to Screening for Immigration Consequences In NY Family Court
Practice guides regarding specific dispositions:
ACDs: Advising Immigrant Clients about the Consequences of Accepting an Adjournment Contemplating Dismissal under NY CPL § 170.55
Summons Court: Advising Non-U.S. Citizens about Pleas to NYC Admin Code § 10-179
Marijuana Violations Flowchart: Advising Non-U.S. Citizens about Marihuana Violation Convictions
Understanding and Fulfilling Your Duty to Immigrant Clients
Updated New York Quick Reference Chart
This digital, subscription-based chart provides access to newly updated information about the possible immigration consequences of specific, commonly charged New York offenses (now available with updates current as of January 1, 2026). IDP has also created a list of similar charts from other states. These charts do not constitute legal advice and should be used for research purposes.
Updated Immigration Consequences of Convictions Checklist
IDP two-page checklist which summarizes the criminal offenses that might have immigration consequences for immigrant defendants as well as criminal bars to citizenship and various immigration applications (Last update: September 2026.)
Training Materials for Criminal Defense Counsel Regarding the Scope of the Padilla Duty (2023)
IDP has collected legal training materials for criminal defense attorneys regarding the scope of constitutional duty to investigate, advise about, and negotiate to avoid immigration consequences for noncitizen clients, including advice regarding deportability, inadmissibility, eligibility for relief from removal, and eligibility for other forms of immigration relief and benefits.
Representing Immigrant Defendants in New York, 6th Edition (Updated June 2017)
This comprehensive manual provides information about the foundations of crim-imm and strategies to avoid adverse immigration consequences in either criminal or immigration proceedings. Representing Immigrant Defendants in New York by Manuel D. Vargas organizes and presents this area of immigration law in a way that will be useful to criminal defense practitioners, immigrant advocates, and immigrants who want to learn about the potential immigration consequences of a New York criminal case. Available for purchase here.
Duty of Counsel Litigation
This page summarizes 2012 New York State and SCOTUS case law on the duty to investigate citizenship status, duty to negotiate efectively and duty to advise on immigration consequences beyond deportability.
Practice Advisory: Duty of Criminal Defense Counsel: Representing an Immigrant Defendant after Padilla v. Kentucky (April 9, 2010, appendices updated January 2012)
This practice advisory, prepared by IDP for the Defending Immigrants Partnership, provides guidance on your duty to immigrant client after the U.S. Supreme Court’s landmark 2010 Padilla v. Kentucky decision.
Protocol for the Development of a Public Defender Immigrant Service Plan
This protocol can be used by public defender offices for development of a plan to serve the special needs of their immigrant clients. It includes appendices on contact lists of criminal-immigration experts by defender office; sample forms, letters, updates, and trainings; and other tools.
Tips on How to Work With an Immigration Lawyer to Best Protect Your Non-Citizen Defendant Client
Denaturalization Training Materials for Criminal Defense Lawyers
ICE and Criminal Courts
FAQ for Defense Attorneys: How to advise immigrant clients about ICE in the courts (updated October 2021)
Guide for Criminal Defense Counsel: Representing Clients Detained by ICE
Practice Advisory: Getting Clients with Detainers Out of DOC Custody
Resources on Criminal-Immigration Law
“Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Case Law Standards and Sample Determinations (updated Summer 2024)
This chart will aid in the legal representation of immigrants in criminal and removal proceedings. Specifically, this chart will help attorneys evaluate whether a criminal conviction constitutes a “particularly serious crime” barring asylum or withholding of removal.
Chart: Aggravated Felony Case Law Determinations
This chart contains sample aggravated felony case law determinations to help you determine whether a specific criminal offense (felony or misdemeanor) may be deemed an “aggravated felony” for immigration law purposes.
Practice Advisory for Criminal Defense Lawyers re: Attorney General Holder April 10, 2015 Order in Matter of Silva-Trevino II
In 2015, U.S. A.G. Holder signed an order, vacating a previous decision, that helps defenders give more reliable advice regarding convictions that might be interpreted as “crimes involving moral turpitude” and limit consequences by controlling what is in the record of conviction.
All IDP Practice Advisories (chronologically)
Other Resources
Criminal-Immigration Helpline
Expert advice and support for immigrants and their loved ones.
Resources for Direct Appeals
Resources to assist in filing a notice of appeal or late notice of appeal on a New York conviction.
Post-Conviction Relief Resources
Resources related to post-conviction relief based on Padilla violations.
ICE Knows Your in DOCCS
Critical information for immigrants facing time in NYS DOCCS or who are currently in DOCCS custody
Resources for Immigration Attorneys
In depth resources for defending non-citizen clients facing removal based on criminal convictions.
Know Your Rights materials for community members
Informational material for non-citizen clients about their rights during ICE interactions.