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Resources: Criminal Defense Attorneys

Practice Advisories for New York Defenders| Understanding and Fulfilling Your Duty to Immigrant ClientsResources on Criminal-Immigration LawOther Resources

ICE in Courts

Practical Tips for Defenders on ICE at courts
IDP’s 2-page guide to supporting clients if ICE agents show up to detain them in court.

ICE Courthouse Arrest Intake Questions
If you know of an arrest or an attempted arrest by immigration agents in a NY courthouse, please contact Genia Blaser ([email protected]) and Lee Wang ([email protected]).You can also fill out the form on the other side of this sheet and fax it to us at 1-800-391-5713.

Practice Advisories and Alerts for New York Defenders

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 July 2016).

Advising immigrant clients after President Trump’s January 25, 2017 Executive Orders

Frequently Asked Questions: Advising immigrant clients after the 2016 presidential election
This practice advisory, prepared by IDP’s Padilla Support Center, provides answers to questions criminal defense attorneys has asked about about how the announced policies of President-Elect Trump affect the practice of defense attorneys in this transition period.

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).

A monthly venue for discussions about cutting-edge legal arguments, practice questions on protocol for immigration units, and opportunities for collaborative advocacy.

Understanding and Fulfilling Your Duty to Immigrant Clients

Immigration Consequences of Crimes Summary Checklist
IDP 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 November 20, 2014. (Last update: June 2017.)

Guides for Attorneys
Introductory Guide to Immigration Status for Attorneys
Guide to Immigration Intakes for Clients with Criminal Court Cases
Guide to Immigration Intakes for Clients with Family Court Cases

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

Tooby’s Guide to Criminal Immigration Law
This 230-page volume, being offered in a PDF version for downloading free of charge by the Law Offices of Norton Tooby, includes strategies for avoiding deportation at each stage of a criminal case: investigation, consultation, plea, sentence, post-conviction relief.

Resources on Criminal-Immigration Law

Chart: “Particularly Serious Crimes” Bars on Asylum and Withholding of Removal
This chart assists practitioners in determining whether an offense may be deemed a particularly serious crime, and thereby bar certain persecution-based relief from removal. It also includes a table of case law determinations.

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.

Quick Reference Charts for Immigration Consequences of Criminal Offenses
These charts list common criminal offenses, and whether they might trigger an immigration ground of removability (and thereby subject an immigrant to deportation).

Other Resources

Criminal-Immigration Helpline
Expert advice and support for immigrants and their loved ones.

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.

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