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
Practice Advisory: Advising Clients After the Announcement of the End of DACA
This short practice alert for criminal defense attorneys explains considerations for advising clients in light of the September 5, 2017 announcement about the end of the Deferred Action for Childhood Arrival program.
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.
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).
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).
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: July 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.
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.
Representing Immigrant Defendants in New York
Understanding the immigration consequences of a criminal case is a complex area of law and has become increasingly so in recent years.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. This sixth edition has been updated through June 2017. Available for purchase here.
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).
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.