News

Immigrant Defense Project Celebrates the Passage of the Protect Our Courts Act

For Immediate Release July 22, 2020 For more information contact: Rachel Cohen, [email protected], Immigrant Defense Project Immigrant Defense Project Celebrates the Passage of the Protect Our Courts Act  New York State Legislature Passes Momentous Legislation: ICE Cannot Use Courts to Trap Immigrant New Yorkers NEW YORK—The Immigrant Defense Project (IDP) applauded the passage of the Protect Our Courts Act (S425/A2176), which … Read more »

Federal Judge Rules ICE Cannot Make Courthouse Arrests in New York

For Immediate Release June 10, 2020 For more information contact: Rachel Cohen, [email protected], Immigrant Defense Project Federal Judge Rules ICE Cannot Make Courthouse Arrests in New York New York Attorney General Leticia James and Brooklyn District Attorney Eric Gonzalez Win Summary Judgment: ICE Cannot Use Courts to Trap Immigrant New Yorkers NEW YORK—The Immigrant Defense Project (IDP) applauded the federal … Read more »

COVID-19 Resources

In response to the threat of COVID-19, IDP has created several new resources for lawyers, immigrants, advocates, and community members. These resources, including template motions for redetermination and a handout on how to protect your community during COVID-19, are available below, along with a compilation of non-IDP resources that we’ve come across in the last several weeks and thought were … Read more »

Thoughts on Ten Years of Effectuating the Promise of Padilla v Kentucky

By Labe Richman  A decade ago, when Justice Stevens issued his seminal decision in Padilla v. Kentucky, the obvious was finally acknowledged by the Supreme Court – that non-citizen defendants had the right to know the immigration consequences of their pleas of guilty.  Many members of the community may not have understood the unfair and tragic situation that existed before. … Read more »

Padilla’s Tenth Anniversary: The Supreme Court’s Limited Step Triggers Awareness and a National Movement to Combat Collateral Consequences

By Norman Reimer  In reflecting on Padilla v. Kentucky at ten years, it is clear that in one important sense it transformed defense practice. The fact that the Supreme Court has not to date fully confronted the constitutional implications of the myriad collateral consequences that flow from a criminal conviction beyond immigration consequences means that Padilla remains somewhat of an … Read more »

Padilla v. Kentucky: How Analytical Frameworks Change at the Supreme Court and Implications for Day to Day Immigration Practice

Nancy Morawetz The tenth anniversary of the landmark Padilla v. Kentucky decision is an opportunity to reflect on the central role of the Supreme Court on day-to-day lawyering on behalf of immigrants.  Padilla is the keystone of representation for immigrants charged with crimes – the case that makes clear that immigration and criminal consequences cannot be disentangled.  Meanwhile, other cases … Read more »

Advising Clients about Pleas to N.Y.C. Admin Code 10-179

Advising Non-U.S. Citizen Clients about Pleas to N.Y.C. Admin Code 10-179 in Summons Court New York City Summons Court cases often conclude with New Yorkers pleading to a non-criminal violation and paying a fine. Upon first impression, cases concluding with a non-criminal violation appear inconsequential. However, even pleas to non-criminal violations taken in Summons Court can lead to devastating consequences … Read more »

New York Laws on Marijuana Decriminalization

On August 28, 2019, the marijuana decriminalization and expungement bill that passed in New York State earlier this year went into effect. Despite the changes to the law, people can still be arrested, charged, and fined for possessing a small amount of marijuana and these incidents may still lead to devastating immigration consequences. To try to dispel misconceptions and clarify … Read more »

Guide for Criminal Defense Counsel: Representing Clients Detained by ICE

The Immigrant Defense Project and Make the Road New York have created a guide for criminal defense attorneys who represent clients who are or may be detained by ICE. This guide, last updated in June 2019, provides information to help criminal defense attorneys: Identify strategies and arguments for ensuring fair access to the court for your client in ICE custody; … Read more »

One Day to Protect New Yorkers

On April 1, 2019, the One Day to Protect New Yorkers Act became law in New York as part of the New York State budget. By passing this law, New York has taken a firm stand against the devastation caused by ICE’s cruel and inhumane detention and deportation system. Read the press release here. IDP has already released several materials … Read more »

Join IDP and JusticeAid in Washington D.C. this April!

IDP is joining forces with JusticeAid to work towards ending the vilification of immigrants and the deep harm that the violence of detention and deportation is causing to our communities. JusticeAid is throwing a benefit concert with Los Lobos in support of IDP, accompanied by a public forum the preceding evening. Join us in Washington D.C. on April 15 and 16! Music benefit … Read more »

Sick of Trump’s demonizing rhetoric about immigrants during the #shutdown fight but not sure what to read? Here’s a primer for understanding the issues and fighting back!

Alisa Wellek, Executive Director Immigrant Defense Project In the midst of Trump’s government shutdown, he has doubled down on the hateful rhetoric he has used from the start of his presidential campaign, in which the inherent “criminality” of immigrants played a central role in justifying a broad anti-immigrant agenda. We are inspired by those who are calling Trump’s demands out … Read more »

TRAINING: 2020 Crimes & Immigration Seminar

Dates Thursday, October 29, 2020 – 12:00 PM – 4:45 PM (ET) Friday, October 30, 2020 – 10:00 AM – 2:00 PM (ET) Please note that this program will be presented over Zoom webinar. Please see below for this year’s Agenda, list of speakers, and an FAQ.  Registration Nonprofit/Legal Worker (1 day-October 29, 2020) – $100 Nonprofit/Legal Worker (1 day-October … Read more »

Sharing their Humanity in the Face of Trump’s Hatred: IDP and IJN Partners Bring Criminalized Immigrant Leaders to Congress Post-Election

Alisa Wellek, Executive Director Immigrant Defense Project This month, IDP joined activists, elected officials, and its Immigrant Justice Network partners (Immigrant Legal Resource Center and National Immigration Project of the National Lawyers Guild) in Washington DC for Immigrants Speak Out: Day of Resistance Against Criminalization and Anti-immigrant Bills. There is still much work to be done to educate Members of … Read more »

Briefs and Motions

Farhane v. U.S., 77 F.4th 123 (2d Cir. 2023) — Padilla, denaturalization:Brief of IDP in Support of Petitioner Brief of IDP in Support of Petitioner-Appellant’s Petition for Rehearing En Banc B- v. Garland, 23-6142 (filed with 2d Cir. 2023) — Y-L-, withholding of removal: Brief of IDP and NILA in Support of Petitioner Challenging Matter of Laguerre and immigration impact … Read more »