December 22, 2023 ALBANY, NY – Today, Governor Kathy Hochul granted 16 pardons, 7 of those to immigrants who are deeply rooted in their communities in New York, yet face immigration impacts because of their convictions. We applaud the Governor’s announcements to grant these pardons and to commute the sentences of 4 others. One of the pardon recipients is Kayode … Read more »
December 22, 2023 The Immigrant Defense Project has issued the following statement from Benita Jain, Supervising Attorney, in response to President Biden’s December 22, 2023 proclamation granting pardons to people convicted of simple possession of marijuana: President Biden’s announcement today to pardon federal and D.C.-based marijuana possession offenses is a disappointing partial step towards the marijuana justice that the communities … Read more »
Immigration detainers are a key component of ICE’s detention-to-deportation pipeline. An immigration detainer is an administrative request to state or local law enforcement to detain individuals who would otherwise be released, or notify ICE in advance of release, so that ICE can arrest the person. State and local law enforcement are not required to honor detainers but many do. ICE … Read more »
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 »
September 11, 2023 ALBANY, NY – On Friday, Governor Kathy Hochul granted 10 pardons to immigrant New Yorkers whose convictions have triggered deportation, risk of deportation, or ineligibility for naturalization, and commuted the sentences of 3 others. One of the pardon recipients is Christopher Dyer, a former green card holder who first came to the United States at the age … Read more »
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 »
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 »
The New York for All Act would prohibit local law enforcement and state agencies from colluding with federal immigration agencies. June 12, 2023 New York—The New York State Legislative session is coming to a close, without leaders bringing the New York For All Act (S.987 Gounardes / A.5686 Reyes) forward for floor votes in the Senate or Assembly. This legislation … Read more »
June 8, 2023 ALBANY, N.Y.— For the second year in a row, the state legislature has passed the Fair Courts for Immigrant New Yorkers Act (S.5836/A.3057), a critical bill that will ensure that immigrant New Yorkers facing criminal charges get a clear notification that there could be an immigration impact and be alerted to get the advice they are entitled … Read more »
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 »
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 »
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 »
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 »
February 15, 2023 New York, NY- At a City Council hearing on Wednesday, the Immigration and Criminal Justice Committees heard hours of testimony from community members and advocates illustrating how the City has continued to funnel people into the hands of ICE and why we need to strengthen our local laws to protect immigrant New Yorkers. In questioning the Department … Read more »
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 »
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 »
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 »
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 »
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 »
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 »