Photos courtesy of Mizue Aizeki
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Mission Statement
The Immigrant Defense Project promotes fundamental fairness for immigrants accused or convicted of crimes. We seek to minimize the harsh and disproportionate immigration consequences of contact with the criminal justice system by 1) working to transform unjust deportation laws and policies and 2) educating and advising immigrants, their criminal defenders, and other advocates.
Recent News & Events
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Stop S-Comm Now! Join Us to Protest ICE’s May 15 Activation of its Mass Deportation Program in NY
WHEN: Monday May 14, 2012, 12pm-2pm
WHERE: 26 Federal Plaza New York, NYUnder S-Comm, local law enforcement send fingerprints of arrestees to the Department of Homeland Security database. This program will push even more immigrants into the unjust detention and deportation system, On June 1, 2011, Governor Andrew Cuomo suspended S-Comm in New York. But Immigration and Customs Enforcement (ICE) just announced that it would be activating its fundamentally flawed S-Comm program throughout the state on May 15. Join us in our call for an end to S-Comm!
Initial Sponsors: Immigrant Defense Project, Make the Road New York, New Sanctuary Coalition, New York Civil Liberties Union, New York
State Working Group Against Deportation, New York Immigration CoalitionFor more information, contact Michelle Fei at 484-466-6334 or mfei@
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IDP Issues Updated Practice Advisory/Model Briefing for Immigrants Fighting Criminal Bars on Eligibility for Relief from Removal
On May 4th, IDP and the Stanford Law School Immigrant Rights Clinic issued an updated practice advisory with model briefing for immigrants and their lawyers fighting criminal bars on eligibility for relief from removal. In an application for relief from removal, the noncitizen has the burden to prove that he or she is eligible for relief. If the noncitizen has a criminal conviction in his or her past, this may include establishing that the conviction does not fall within a criminal bar to relief eligibility, e.g., aggravated felony bar to the relief of cancellation of removal. This advisory and the accompanying model briefing provides arguments to persuade adjudicators that an immigrant meets his or her burden when the criminal record evidence does not conclusively establish that the conviction falls within the relevant criminal ground bar. Although this advisory focuses on the aggravated felony bar to cancellation of removal for lawful permanent residents, portions of the advisory may also be helpful in analyzing other criminal bars faced by noncitizens applying for other forms of relief from removal. For a copy of this advisory, click here.
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Practice Advisory for New NYC Detainer Policy
IDP has issued a practice advisory for criminal defense attorneys regarding New York City’s new immigration law (Local Law 2011/62). This advisory provides guidance as to which immigration detainers the NYC Department of Corrections will not honor thereby preventing certain undocumented people from being transferred to immigration detention. IDP also includes bail payment and plea decision tips for criminal defense attorneys within this advisory.
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IDP Issues Practice Advisory on the Implications of Recent U.S. Supreme Court Decisions on Padilla v. Kentucky
On April 11, 2012, IDP and the National Immigration Project of the National Lawyers Guild issued a practice advisory addressing the argument that the U.S. Supreme Court Lafler v. Cooper decision supports the retroactive application of Padilla. The advisory also explains how the U.S. Supreme Court Missouri v. Frye decision supports the argument that a court warning cannot cure the prejudice flowing from a Padilla violation. Additionally, the advisory details how an advocate can use Missouri v. Frye and the U.S. Supreme Court Vartelas v. Holder decision to assert that the scope of defense counsel’s duty under Padilla extends to seeking a reasonable resolution that mitigates or avoids immigration consequences. Lastly, the advisory shows how to use Missouri v. Frye to argue that the defendant suffered prejudice under Padilla from the loss of the opportunity to seek a reasonable resolution that would have mitigated or eliminated the immigration consequences. For a copy of this advisory, click here. For additional research and technical information on post-conviction relief claims under Padilla, click here.
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Upcoming CLE Training for Defenders: April 23
IDP and Cardozo School of Law are leading a continuing legal education workshop for 18b attorneys and other criminal defenders on Monday, April 23rd at 6:45PM. Topics will include integrating immigration into a criminal defense practice, immigration consequences of criminal conduct, immigration enforcement in the NYC criminal justice system, and a review of NYC’s new detainer law. Please see the flyer for location and registry information.
