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Family Court: Raising Awareness About Immigration Consequences

Preparing Families for Detention/DeportationICE in Family CourtResources for Attorneys | Trainings

IDP is breaking new ground by raising awareness of the negative immigration consequences that can result from contact with the Family Court system. Like the criminal legal system, the halls of Family Court are disproportionately filled with families of color, many of them immigrants. For such families, court involvement can trigger an array of immigration consequences including preclusion from citizenship, the denial of immigration relief, and even deportation. Yet, few immigrants in family court are aware of what is at stake. Through trainings and presentations IDP seeks to change the culture of Family Court by educating attorneys, advocates, judges, and court staff about how Family Court contact can adversely impact immigrant families. IDP also advocates for systemic reforms that will improve non-citizens’ access to justice in family courts.

Preparing Families for Possible Detention and Deportation

Trump’s Immigration Changes: an FAQ for families that explaining what Trump’s executive orders really mean

Emergency Planning: sample documents for families planning for the possibility of detention and deportation. Includes financial, health, and childcare planning documents, including an FAQ on New York’s Parental Designation Form. Disponible aquí en español.

Know Your Rights: materials in multiple languages to help families prepare for encountering ICE. Disponible aquí en español.

Protecting Immigrants from ICE in Family Court

Practical Tips: how to protect immigrant clients from an ICE arrest in Family Court

ICE in New York Courts Survey: a statewide assessment of the chilling effect that ICE’s courthouse presence has on immigrant communities

ICE Out of Courts Campaign: find out more about the growing campaign to keep ICE out of New York state courts

Resources for Attorneys on Adverse Consequences 

When Does Fingerprinting Put Your Client at Risk with ICE? A practice advisory from IDP and the NYCLU that explains when submitting fingerprints to New York’s Division of Criminal Justice Services can put a noncitizen client at risk of arrest and deportation by ICE.

Padilla Support Center Hotline: IDP’s Padilla Support Center provides free consultations to assigned counsel in NYC who represent respondents in child protection (article 10), family offense (article 8), and child support (article 4) proceedings. 

The Fund for Modern Courts: a series of online legal reference guides on the complex intersection of family court issues and federal immigration laws, policy, and enforcement.

Guidance on Guardianship Matters and Applications for Special Immigrant Juvenile (“SIJ”) Findings: NY Office of Court Administration’s Advisory Council on Immigration Issues in Family Court (Jan. 4, 2017)

Guidance on Family Court Role in U Nonimmigrant Status Certification: NY Office of Court Administration’s Advisory Council on Immigration Issues in Family Court (Feb. 14, 2017)

Trainings

IDP has developed a comprehensive training curriculum on the range of adverse immigration consequences that can stem from family court contact. Since 2015, IDP has provided trainings to legal service providers, assigned counsel, court staff and judges throughout New York. If you are interested in finding out more about our trainings, please contact [email protected]

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