Removal Defense Resources for Criminal-Immigration Cases
- Key Removal Defenses in Criminal Charge Cases
- Updated Immigration Consequences of Convictions Checklist (updated January 2025)
- “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. - Resources on New York Drug Offenses (Controlled Substances & Narcotic Drug Offenses)
- Fighting Aggravated Felony Charges Resource
Immigrant Defense Project’s “Fighting Aggravated Felony Charges” resource is available with updates current as of January 2017. For more up-to-date information on arguments for fighting Aggravated Felony charges, consider purchasing IDP’s similarly-priced 2022 resource Key Removal Defenses in Criminal Charge Cases, which includes an entire section outlining arguments against aggravated felony charges with updated listings of supporting and contrary case law for each argument.
Advisories and Guides for Immigration Lawyers
- Special Considerations for Non-citizen Defendants Regarding Implementation of Youthful Offender Rederminations (January 13, 2022). This 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.
- DHS Enforcement Guidance: Practice Advisory for Immigration Advocates (November 2021, by IDP, ILRC, and NIPNLG)
- Practice Alert for Immigration Attorneys and Advocates: Marijuana Legalization and Considerations for Immigrant New Yorkers (March 2021)
- Practice Advisory for Immigration Advocates: The Biden Administration’s Interim Enforcement Priorities (March 23, 2021, by IDP, ILRC, and NIPLG)
- Practice Alert: The Impact of Barton v. Barr on Eligibility for Cancellation of Removal (May 5, 2020) (by IDP, ILRC, and NIP-NLG)
- Practice Advisory: Rights and Obligations of Noncitizens During ICE Car Stops (April 29, 2020)
- Practice Advisory: New York Marijuana Decriminalization, Vacatur, and Expungement Legislation (August 28, 2019, by IDP)
- BIA Decision in Matter of Navarro Guadarrama Should Not Affect Harbin/Hylton Defenses in the Second Circuit
- Practice Advisory: “One Day to Protect New Yorkers” Legislation (Updated January 24, 2020)
On April 12, 2019, the governor signed One Day to Protect New Yorkers into law, changing the maximum possible sentence for class A misdemeanors and unclassified misdemeanors from 365 days to 364 days. - DACA Renewals: Representing Clients with Contacts with the Criminal Legal System (September 14, 2017, by IDP)
- Best Practices for Intakes about the Criminal Legal System Contacts
- ICE Courthouse Arrest Intake Questions
- Naturalization Considerations for People with Prior Law Enforcement Contacts
- Alert: USCIS Policy Guidance on Immigrants and State Marijuana Legalization
Frequently Asked Questions
- Will a Criminal Court Case Affect My Immigration Status? Issues to Consider for Immigrant Clients in Criminal Court
- How do I get proof of an “undocketed arrest” in NYC?
- How can I find my criminal defense attorney in NYC?/ ¿Cómo encontrar a tu defensor criminal en la Ciudad de Nueva York?
- What should I know about applying for immigration benefits after my client’s criminal case was dismissed?
- How can I learn what happened in my criminal court case in New York City?
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).
- New York (Updated January 1, 2025)
- Alabama (Updated March 2017)
- Arizona (Updated June 2016)
- Connecticut (Updated May 2017)
- Massachusetts (Updated May 2018)
- North Carolina (Updated 2017)
- Pennsylvania (Updated March 2019)
- Vermont