Contact Us
Defense lawyers, other criminal justice advocates, immigrant advocates and immigrants themselves who seek training, legal support or guidance on criminal/immigration law issues should contact IDP at 212-725-6422.

Practice Advisory: Duty of Criminal Defense Counsel Representing Immigrants After Padilla v. Kentucky (April 6, 2010) click here

---

 

The Immigrant Defense Project (IDP), formerly an initiative of the New York State Defenders Association, defends the legal, constitutional and human rights of immigrants facing criminal or deportation charges.  We are the nation's first project founded to respond to the devastating 1996 immigration laws that placed hundreds of thousands of immigrants at risk of mandatory detention and deportation for virtually any interaction with the criminal justice system.

Supreme Court Issues Landmark Decision, Upholds Integrity of Criminal Justice System for Immigrants

On March 31, the Supreme Court issued a landmark decision in Padilla v. Kentucky, holding that criminal defense lawyers must advise their clients about immigration consequences of their criminal charges. Failure to do so is ineffective assistance of counsel.

Many immigrants’ primary concern is their ability to stay in the United States, and they often plead guilty to offenses, unaware that it will result in permanent exile from their families and communities. The Supreme Court has recognized that deportation is an extreme penalty and that noncitizens have a constitutional right to legal advice about the deportation consequences of pleading guilty.
The Supreme Court’s decision in Padilla acknowledges that immigration laws have become much more draconian over the years, so that even low-level offenses – such as shoplifting or marijuana possession – can lead to deportation for lawful permanent residents, asylum seekers and undocumented immigrants seeking to adjust their status. In many of these cases, immigration judges are not even allowed to consider immigrants’ length of time in the country, U.S. citizen spouses and children, or other equities.