News

Background IDP engages in litigation to defend the application of the “categorical approach” to safeguard fairness in immigration adjudications. Under the immigration laws, a noncitizen generally is not subject to negative immigration consequences, including removal, based on a criminal conviction unless that conviction fits categorically within one of the INA’s criminal removal grounds.  The categorical approach requires adjudicators to determine whether … Read more »

For Immediate Release November 19, 2020 BREAKING: Judge Stops Trump Administration Efforts to Bar More from Asylum Just One Day Before They Were Slated to Go Into Effect, Federal Judge Enjoins Broad Rules That Would Have Vastly Expanded Categorical Bars to Asylum New York/Washington/San Francisco – On Thursday, a federal judge in the Northern District of California issued a nationwide … Read more »

October 2023 Update “Surge Operations” FOIA Litigation IDP et al. v. ICE et al., No. 1:20-cv-10625-RA (S.D.N.Y.)IDP et al. v. CBP et al., No. 1:22-cv-09920-RA (S.D.N.Y.)Requestors Immigrant Defense Project and Center for Constitutional Rights are represented by Andrew Wachtenheim, Ian Head, Ghita Schwarz, Mizue Aizeki, and Zee Scout.Court filings, administrative FOIA requests, relevant decisionsLegend:U.S. Department of Homeland Security = DHSU.S. … Read more »

For Immediate Release November 2, 2020 Immigration Groups File Lawsuit Challenging Trump Administration Efforts to Bar More from Asylum  Groups Say Broad Rules Could Bar Asylum Seekers Convicted of Low Level Offenses and Even People Who Are Not Convicted of a Crime  New York/Washington/San Francisco – Four immigrant rights organizations—Pangea Legal Services, Dolores Street Community Services, Catholic Legal Immigration Network, … Read more »

For Immediate Release October 20, 2020 Immigrant Advocates FOIA for Info on Clearview AI Contract with ICE for Facial Recognition Technology Mijente, Immigrant Defense Project, Just Futures Law, and ACLU NorCal say the public should know how ICE is monitoring their social media accounts NEW YORK — A group of immigrant advocates and attorneys have filed a Freedom of Information … Read more »

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 »

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 »

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 »

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 »

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 »

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 »

By Alina Das Nearly two decades after a drug conviction threatened Vietnam veteran Jose Padilla– who also goes by Joe–with deportation, he was sworn into citizenship on March 19, 2019. As word spread, I happily relayed the news to my students at New York University School of Law. We had been studying Padilla v. Kentucky, Joe’s namesake, all semester. It … Read more »

by Manny Vargas  Ten years ago, the Immigrant Defense Project (IDP) awaited the Supreme Court’s decision in Padilla v. Kentucky with some trepidation. IDP and others who cared about the plight of immigrants facing criminal charges without correct (or any) advice about the immigration law implications feared that the Supreme Court might say “tough luck” and proclaim that the Constitution … Read more »

Why We Need to Remember Padilla v. Kentucky This Week As we join with allies across the country during the current COVID-19 public health crisis, demanding the release of incarcerated people as a moral imperative, this week we also recognize the ten year anniversary of Padilla v. Kentucky. The case was a landmark decision that has had a profound impact … Read more »

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 »

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 »

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 »