Resource for Immigrants in the NY State Prison System

In keeping with our mission of fighting for immigrants caught up in the prison-to-deportation pipeline, IDP has put out a new resource called ICE Knows That You're In DOCCS. Written for immigrants who are facing time in NYS Department of Corrections and Community Supervision (DOCCS) or who are currently in DOCCS custody, it provides critical information on how DOCCS and ICE cooperate and share information. ICE Knows That You're In DOCCS also explains the importance of filing a notice of appeal on a criminal conviction and provides step-by-step guidance on how to protect against or fight deportation at different stages: from pre-sentencing to fighting deportation while incarcerated to post-final-order.

More than 800 view IDP's Marijuana Law Training

On July 13 and 14, IDP hosted New York's New Marijuana Law: A Train the Trainer Experience. We teamed up with the Drug Policy Alliance, the Bronx Defenders and the Legal Aid Society to provide information about the current criminal laws related to marijuana, the nuts and bolts of expungement and vacature, and how the law impacts immigrant New Yorkers. Over 800 people viewed the event on social media and IDP's webinar feed, including people from community based organizations, New York State Senate and Assembly offices, New York City Council offices, and legal service organizations across the state. The recording is available on IDP's Facebook and Twitter accounts. Materials are available at immdefense.org/marijuana.

Exposing the Harms of Ankle Shackles

Caged in Cyber Prison, a new report published by Freedom for Immigrants, the Benjamin N. Cardozo Law School and IDP, exposes the devastating impact of ankle shackling by ICE. Billed as a “humane” alternative to brick and mortar detention centers, ICE currently subjects more than 31,000 people to ankle shackling through its “Intensive Supervision Assistance Program." The report documents the experiences of hundreds of immigrants confined to ankle shackles, finding that 90% experienced harm to their physical health, 88% reported declining mental health and that Black immigrants were disproportionately subjected to ankle shackles by ICE. Caged in Cyber Prison was featured in the Guardian and Vice.

Victory at the Second Circuit

Earlier this month, the Second Circuit struck down a key part of the BIA's decision in Matter of J.M. Acosta, which limited the rights of noncitizens to appeal convictions without enduring immigration consequences. In Brathwaite v. Garland, the Court rejected the government’s argument that a conviction is final under immigration law even if it is pending direct appeal. Critically, the court also found that the BIA’s requirements that noncitizens prove virtually unprovable facts about the nature of their criminal appeals was unreasonable. IDP is proud to have worked with Mr. Braithwaite’s counsel from Prisoners’ Legal Services of New York to prepare arguments in his case. Litigants can find more resources and information about our "conviction finality" litigation on our website, and can reach out to our litigation team for assistance by contacting [email protected].

Op-Ed: Dept of Justice Must Overturn Harmful Precedents

Law360 published an op-ed by IDP's Andrew Wachtenheim, calling on Attorney General Garland to use his certification power to overturn precedents that have had a racially discriminatory impact on Black, Latinx, and Asian immigrants. The op-ed focuses on BIA precedents over the past 20 years that undermine state criminal system reform and post-conviction laws.