News

Walking in a Minter Wonderland: New York State “Narcotic Drug” convictions and Motions to Reopen or Reconsider after U.S. v. Minter

CLE Training: December 14, 2023, 2:00pm – 3:30pm (ET) On September 6, 2023, the Second Circuit issued a landmark decision in U.S. v. Minter, No. 21-3102, 2023 WL 5730084 (2d Cir. Sept. 6, 2023), which held that certain New York “Narcotic Drug” Convictions are not Aggravated Felonies or Offenses Relating to a Controlled Substance. The decision in Minter opens up exciting … Read more »

Advocates for Immigrant Survivors of Violence Urge Governor Hochul to Sign Fair Courts for Immigrant New Yorkers Bill Into Law

August 18, 2023 ALBANY, N.Y.— Over two dozen national and New York-based advocates for immigrant survivors of violence today called on Governor Hochul to sign the Fair Courts for Immigrant New Yorkers Act into law to offer critical protections for immigrant survivors of gender based violence in the criminal legal system. The bill is sponsored by Senator Kavanagh and Assemblymember … Read more »

CLE Training: Intro to the Immigration Consequences of Article 10 proceedings

Article 10 proceedings in New York State Family Court can create unique risks and complications for a noncitizen respondent. Actions taken in family court, such as admissions to non-citizen status, findings that the respondent has violated an order of protection, or findings of abuse and neglect, may lead directly to immigration consequences. This training is intended to provide introductory information … Read more »

Advocates Cheer Assembly Passage of Fair Courts for Immigrant New Yorkers

The Fair Courts for Immigrant New Yorkers Act Would Strengthen Immigrants’ Constitutional Right to Receive Legal Advice in Criminal Court May 17, 2023 ALBANY, NY— Advocates applauded the Assembly’s passage today of the Fair Courts for Immigrant New Yorkers Act, a critical bill in Albany that will ensure that immigrant New Yorkers facing criminal charges get a clear notification that … Read more »

On International Workers’ Day, Unions and Worker Justice Groups Call for Passage of New York For All Act!

May 1, 2023 New York – Unions and worker justice organizations are joining the call for lawmakers in Albany to pass the New York for All Act, which would broadly prohibit local and state agencies from assisting Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) in searching for, arresting and deporting immigrant New Yorkers. Twenty-five labor unions … Read more »

U.S. v. Gibson: Sample Motion to Reconsider and Reopen

NEW DEVELOPMENT! September 2023 The Second Circuit has now decided in U.S. v. Minter that certain “narcotic drug” and “cocaine” convictions from 1978-present are categorically overbroad relative to the federal Controlled Substances Act. IDP has provided resources about the Minter decision here. These resources are up-to-date and in many cases replace the below resources about the U.S. v. Gibson decision. February 2023 IDP … Read more »

The Immigrant Defense Project and Black Alliance for Just Immigration Release Emails Showing Clear Collusion Between the Department of Corrections and ICE

February 22, 2023 It has been over 8 years since passage of local laws limiting New York City from working as an extension of ICE. Yet, our city has fallen behind as a leader of strong immigrant protective laws. We have tracked for years how city agencies have flouted our existing laws and continued to funnel people into the hands … Read more »

New York State Legislators and Advocates Unveil Justice Roadmap for 2023

Justice Roadmap 2023 Paves the Way to Long Overdue Changes to New York’s Criminal Legal and Immigration Systems – The Time is Now! January 17, 2023 NEW YORK – Today, state legislators and more than 120 advocacy groups unveiled the Justice Roadmap 2023 – a legislative agenda to address the interconnected harms of the criminal legal and immigration systems and … Read more »

NY Immigrant Justice Organizations Oppose LaSalle Nomination

January 10, 2023 NEW YORK– Over thirty immigrant rights community-based and legal advocacy organizations called on New York Governor Kathy Hochul to withdraw the nomination of Judge LaSalle as Chief Judge of the New York Court of Appeals, and on the New York Senate to reject the nomination. The organizations stand with the many others who have stood up against … Read more »

Governor Hochul Pardons 9 New Yorkers Facing Harsh Immigration Consequences and Grants 4 Commutations

The time is now for the Governor to make good on her promise to exercise a historically underused executive power December 21, 2022 ALBANY, NY – Today, Governor Kathy Hochul granted 9 pardons to immigrants who have made significant contributions to New York, yet face severe immigration consequences because of their convictions. While we applaud the Governor’s announcements to grant … Read more »

Advocates Condemn Governor Hochul’s Veto of Court Notification Bill to Protect Immigrants’ Constitutional Rights

The Bill, Which Passed in June, Requires Judges to Notify Immigrant New Yorkers of Possible Immigration Consequences of Pleas in Criminal Court December 12, 2022 NEW YORK – Advocates today condemned Governor Hochul’s veto of the Court Notification Bill (S2903A/A9877A), which would have taken a critical step toward protecting the rights of immigrants facing criminal charges and ensuring a meaningful … Read more »

Immigrant Defense Project Calls on Biden to Extend Marijuana Pardon Protections to Immigrants

October 6, 2022 The Immigrant Defense Project has issued the following statement from Jane Shim, Senior Policy Attorney, in response to President Biden’s proclamation granting pardons to thousands of people convicted of simple possession of marijuana: “Marijuana prohibition has devastated poor communities and communities of color for too long, and President Biden’s decision to pardon some federal marijuana possession convictions … Read more »

Marijuana Justice Coalition on First-Ever Comprehensive Marijuana Reform Bill in the Senate

Cannabis Administration and Opportunity Act Builds Off House-passed MORE Act to Deschedule Marijuana from the Controlled Substances Act and Begin Repairing Extensive Harms Caused by Prohibition July 21, 2022 Washington, D.C.—In response to Senate Majority Leader Schumer and Sens. Booker and Wyden today introducing the Cannabis Administration and Opportunity Act, members of the Marijuana Justice Coalition—a broad coalition of national … Read more »

New York Legislature Fails to Protect Immigrant Families with New York for All

The New York For All Coalition issues the following statement June 7, 2022 ALBANY, NY – The New York state legislative session concluded last week without lawmakers voting on the New York for All Act (S.03076/A.02328), key immigrants’ rights legislation that has wide support from elected officials, advocates, legal service providers, public health experts, and faith leaders throughout New York … Read more »

2022 Legislative Session Ends – IDP Celebrates Victories and Continues to Fight for Key Priorities

June 6, 2022 Albany, NY – During the 2022 legislative session, the Immigrant Defense Project continued its state advocacy work towards justice for all immigrants caught at the intersection of the immigration and criminal legal systems. Our legislative priorities included disentangling ICE policing in the state from local agencies, expanding procedural rights for immigrants in the criminal legal system, and … Read more »

IDP & Partners Cheer the Passage of Court Notification Bill

When signed by Gov. Hochul, the bill will strengthen immigrants’ constitutional right to receive legal advice in Criminal Court June 1, 2022 ALBANY, NY – New York is poised to strengthen much-needed constitutional protections for immigrants facing criminal charges after the State Assembly passed a bill mandating New Yorkers get notified of the possibility of immigration consequences. Advocates applauded the … Read more »