Resources on drug distribution offenses, direct appeals, and sanctuary. Plus, an opportunity to learn about the most important SCOTUS cases this term.

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** Fighting for immigrants targeted by the drug war
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** Arguing for narrower use of the “crime involving moral turpitude” removal ground
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IDP’s decades long litigation campaign recently resulted in precedential decisions by the federal appellate court in the Second Circuit, holding that some New York drug offenses do not fall within the federal definition of a controlled substance offenses or aggravated felony ([link removed]) . However, the government has continued to target people with drug distribution offenses, charging them as “crimes involving moral turpitude,” an antiquated term of art which can make a person removable and/or ineligible for status or relief. IDP’s crim-imm litigation fellow, Drew Vaccaro, developed sample briefing ([link removed]) for advocates arguing that New York drug distribution offenses are not crimes involving moral turpitude. The briefing can be adapted for use in cases involving other state drug offenses in other circuits.


** Defending immigrants with New Jersey drug convictions
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IDP recently filed amicus briefs in cases before the Second (Johnson brief and appendix ([link removed]) ) and Third Circuits (J.W. brief ([link removed]) and appendix ([link removed]) ) in support of immigrant targeted by the drug war. We argue that certain New Jersey convictions do not meet federal standards required to be deemed controlled substance offenses or aggravated felonies. These amicus can be used in Immigration Court and before the Board of Immigration Appeals to preserve challenges for judicial review and could persuade the agency to revisit its precedent in Matter of Laguerre ([link removed]) .

IDP is available to provide technical assistance to attorneys litigating these issues. If you are representing a client with conviction for drug related activity before the Board of Immigration Appeals or Second or Third Circuit, reach out to IDP at [email protected] (mailto:[email protected]) .


** Smoothing the way for direct appeals of New York criminal cases
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** Pro se direct appeals and late notices of appeal
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In October 2023, the Board of Immigration Appeals issued a precedential decision in Matter of Braithwaite ([link removed]) , holding that New York criminal cases with a pending appeal as a result of a late notice of appeal filing are not final for immigration purposes. Convictions that are not final cannot be used as the basis for removal. In New York, a Notice of Appeal can be filed even if an individual waived their rights as part of a plea agreement. IDP has created resources to assist community members appealing their New York convictions ([link removed]) . These pro se materials explain the process and provide model materials.


** Appeal resources for criminal defense attorneys
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Criminal defense attorneys have a professional obligation to their clients to discuss the right to appeal and file the Notice of Appeal when the client requests it. IDP has a resource with information about direct appeals for criminal defense attorneys ([link removed]) , including a sample affidavit to ensure assignment of appellate counsel for individuals who are indigent.


** Defending Immigrants Affected by Mass Incarceration
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IDP’s two day seminar features sessions on a wide range of legal topics essential to representing immigrants with criminal legal system contacts. Registration is now open for both individuals and groups.
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** Session Highlight: Supreme Court Immigration and Administrative Law Cases in 2024
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** Day 1 2:15pm
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* Nadia Anguiano, University of Minnesota Law School
* Nancy Morawetz, NYU School of Law
* Andrew Wachtenheim, IDP
* Cecillia Wang, ACLU

An expert panel of law professors and scholars will discuss the term’s most important cases, including the “notice to appear” case Niz Chaves v. Garland, the “Chevron” cases Loper Bright and Relentless v. Department of Commerce, and litigation challenging the Texas SB4 law which established a state criminal regime to allow the state to engage in immigration policing and to prosecute, convict, and imprison people based on immigration and citizenship status. Given the shifts in Supreme Court composition over the past several years, community members feel corresponding shifts in issues affecting daily life. For noncitizens who are routinely subjected to scrutiny by federal agencies and are the targets of right wing animus, the Supreme Court has dramatic impact over fundamental rights.
Register Today! ([link removed])


** Registration open now until April 12, 2024 for individuals and April 5, 2024 for groups of 5 or more.
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** Spotlight on: Sanctuary Policies
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Over the past decade, Immigrations and Customs Enforcement (ICE) has increasingly relied on local law enforcement and local government agencies to search for, arrest, and deport New Yorkers. Using the racist criminal legal system to expand the reach of immigration policing has a disproportionate negative impact on immigrant communities of color. IDP has been advocating for inclusive sanctuary policies that disentangle local law enforcement and ICE. Check out our campaigns and resources:


** Understanding detainers and public safety
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We developed a FAQ in English ([link removed]) and Spanish ([link removed]) that addresses the questions we receive on our hotline from immigrants and their loved ones about the impact of a detainer. This community resource highlight the negative impact of detainers on immigrant communities, pointing to the need for sanctuary policies. In addition, we know that NYC’s sanctuary policies make our city safer ([link removed]) .


** NYC detainer laws and data sharing in NYS
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IDP has several resources to help practitioners in New York understand our local sanctuary laws and analyze the impact of potential collusion between ICE and local law enforcement on immigrant clients.
* DOC Implementation ([link removed]) of the 2014 Detainer Law
* Practice Advisory: New York City 2014 Detainer Law ([link removed])
* When Does Fingerprinting Put Your Client at Risk with ICE? ([link removed])


** Exposing collusion
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IDP uses transparency laws to expose dangerous collusion. In 2023, IDP and Black Alliance for Just Immigration (BAJI) released documents obtained through FOIL that exposing violations of New York City’s sanctuary laws ([link removed]) . Emails show the NYC jail officials taking active steps to facilitate the detention and deportation of immigrant New Yorkers.


** Active campaigns to expand sanctuary
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IDP continues to fight to strengthen sanctuary laws. We are part of ICE Out! NYC ([link removed]) , a campaign to restrict NYC from conspiring with ICE in the detention and deportation of our communities. We are also working with partners in support of the New York for All Act ([link removed]) , a bill prohibiting all local law enforcement and state agencies from conspiring with ICE or participating in its cruelty.
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