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 »
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 »
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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 »
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 »
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 »
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 »
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 »
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 »
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On May 22nd, the Immigrant Defense Project, Fortune Society, and over 100 advocates and elected officials, are heading to Albany to hold a rally calling on the legislature to support the One Day To Protect New Yorkers Act – a bill that would reduce the maximum sentence for a Class A Misdemeanor by just one day, from 365 to 364. This small change … Read more »
New Detention Resources! IDP is pleased to share two practice advisories to support detention litigation in the 2nd Circuit following the Supreme Court’s decision in Jennings v. Rodriguez: IDP Practice Advisory: Making Constitutional Arguments in the Second Circuit to Challenge Prolonged Mandatory Detention after Jennings and Lora IDP and NYU Immigrant Rights Clinic and Practice Advisory: Making Statutory Arguments in … Read more »
Talking Points in Response to White House Statements on Loopholes in our Immigration Laws after the Dimaya v. Sessions Decision One page talking points responding to White House attacks on recent Supreme Court victories as “loopholes” by Immigrant Justice Network, Immigrant Legal Resource Center, Immigrant Defense Project, National Immigrant Justice Center, and National Immigration Project of the National Lawyer’s Guild Issue … Read more »
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