News

Effective Marijuana Reform: Challenging the Constitutionality of Convictions After Automatic Expungement

Marie Mark, Supervising Attorney, Padilla Support Center Immigrant Defense Project The Immigrant Defense Project has been working as part of the Start SMART New York coalition to ensure that marijuana legalization benefits the communities most impacted by the war on drugs, including immigrants. Thousands of immigrants are deported because of draconian drug prohibition laws at the state and federal level. New … 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 »

Proposed Change of Public Charge Definition Would Have Devastating Effects on Immigrants Accused or Convicted of Crimes and their Families

Marie Mark, Supervising Attorney Immigrant Defense Project and Natalia Renta, Staff Attorney Immigrant Defense Project  The Trump administration continues to attack immigrant communities, now two years into his term. One of these attacks involves changing the legal definition of who is “likely to become a public charge,” a barrier some (not all) immigrants need to overcome when applying for a green card. … Read more »

“Justice” Kavanaugh’s First Month on the Supreme Court Bench Did Not Bode Well for the Rights of Immigrants and the Criminally Accused

Manny Vargas, Senior Counsel Immigrant Defense Project Immigrants and the criminally accused did not have to wait long to get first indications of whether they could hope for justice from the Supreme Court’s newest member – Brett Kavanaugh. During his first month on the bench, Kavanaugh heard argument in three cases in which the Court’s decisions could have a significant impact … 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 »

May 22 Rally: One Day to Protect New Yorkers Act

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 »

Litigating in the 2nd Circuit Post-Jennings

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 on Dimaya v. Sessions

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 »

Courthouse Legal Resources

Amicus Brief in Support of Motions to Terminate ICE Out of Courts Homepage Immigrants in removal proceedings can move to terminate proceedings if ICE has engaged in conduct that is consciousness shocking or violates fundamental rights. ICE’s widespread practice of courthouse arrests meets this standard, and therefore IDP encourages respondents who were arrested in or around a courthouse to file … Read more »

ICE Courthouse Policies

Annotated ICE Directive on Civil Immigration Enforcement Actions at Courthouses ICE Out of Courts Homepage On January 10, 2018, ICE issued its first formal, public policy memo on immigration enforcement actions inside courthouses and subsequently updated its FAQ on Sensitive Locations and Courthouse Arrests. The Immigrant Defense Project and the NYU Immigrants Rights Clinic have published this annotated document to provide legal and factual … Read more »

Episode7: Podcast Extra: The Only Weapon I have is My Voice

Previous episode | Main Page A lot has happened since the series was released this past summer–in particular there’s been a lot of talk about DACA: Deferred Action for Childhood Arrivals. The program has protected thousands of undocumented people from deportation since 2012. But recently the Trump Administration announced it would phase out DACA in March 2018. I wanted to see … Read more »

IDP featured in The New Yorker!

IDP’s ICE out of Courts work was featured in an article in The New Yorker.  The piece focuses on Sergio Perez, who was arrested following a family court hearing, and ultimately torn apart from his family after ICE deported him to Mexico City.  The increase in ICE presence and arrests in courthouses undermines universal access to justice and public safety, … Read more »

6th Edition of Representing Immigrant Defendants in NY

On September 19, IDP released the sixth edition of Representing Immigrant Defendants in New York (2017). This essential resource by Manny Vargas provides information about the foundations of crim-imm and strategies to avoid adverse immigration consequences in criminal and immigration proceedings. This sixth edition has been updated to include case law developments through June 2017 and is available for sale on our website at www.immdefense.org/manual. A … Read more »