Practice Advisories and Alerts for New York Defenders
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 Rederminations (January 13, 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: Seeking Release of Immigrant Clients From State and Local Custody During the COVID-19 Health Emergency
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 24, 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 Advisory: Protecting Naturalized Citizens from De-naturalization and Deportation
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.
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 December 2022).
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
Introductory Guide to Immigration Status for Attorneys
Immigration Consult Worksheet for Defense Attorneys
Best Practices Guide to Screening for Immigration Consequences In New York Family Court
Flowchart: Advising Non-U.S. Citizens about Marihuana Violation Convictions
Advising Immigrant Clients about the Consequences of Accepting an Adjournment Contemplating Dismissal under N.Y. Crim. Proc. Law § 170.55
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 DHS on June 15, 2012 (Last update: July 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.
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.
ICE in Courts
FAQ for Defense Attorneys: How to advise immigrant clients about ICE in the courts (updated October 2021)
ICE Courthouse Arrest Intake Questions
If you know of an arrest or an attempted arrest by immigration agents in a NY courthouse, please contact IDP at (info[at]immdefense.org).
Resources on Criminal-Immigration Law
“Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Legal Standards and Sample Case Determinations
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.
Quick Reference Charts for Immigration Consequences of Criminal Offenses, by State
These charts list common criminal offenses, and whether they might trigger an immigration ground of removability (and thereby subject an immigrant to deportation).
- New York (Updated January 1, 2022)
- Alabama (Updated March 2017)
- Arizona (Updated June 2016)
- Connecticut (Updated May 2017)
- Massachusetts (Updated May 2018)
- North Carolina (Updated 2017)
- Pennsylvania (Updated September 2023)
Resources for Direct Appeals
Resources to assist in filing a notice of appeal or late notice of appeal on a New York conviction.
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.
ICE Knows Your in DOCCS
Critical information for immigrants facing time in NYS DOCCS or who are currently in DOCCS custody
Know Your Rights materials for community members
Informational material for non-citizen clients about their rights during ICE interactions.