When the accused faces loss of family and property, as well as liberty Miriam Gohara

Almost any drug offense - including marijuana possession - can lead to deportation. A drug offense can prevent an undocumented immigrant from getting status or result in deportation for a lawful permanent resident who has lived in the U.S. for decades. This webinar will help defense counsel meet their duty under Padilla by providing an overview of the immigration consequences of drug offenses and offer strategies to avoid or minimize those consequences.

The U.S. Supreme Court held in Padilla v. Kentucky that criminal defense attorneys have a Sixth Amendment duty to advise clients about immigration consequences of their criminal cases, and that failure to do so is ineffective assistance of counsel. With record numbers of immigrants being deported for relatively minor criminal offenses, it is imperative that anyone representing noncitizens understand basic concepts regarding the interplay between immigration and criminal law and be aware of emerging issues.

Domestic violence and related offenses including child abuse, neglect, and abandonment and violation of a protective order can carry immigration consequences for both undocumented persons and persons with lawful immigration status. This webinar covers the immigration consequences that domestic violence and related offenses have upon different immigrants and discuss how to avoid or minimize such consequences. The webinar also covers a related topic—the immigration consequences of violent offenses, including in non-DV cases.

In Padilla v. Kentucky, the Supreme Court held that defense lawyers must affirmatively and correctly advise their clients about the immigration consequences of entering a plea and failure to do so constitutes ineffective assistance of counsel. NACDL, in collaboration with the Defending Immigrants Partnership, presents a training to discuss defense counsel’s duty under Padilla and related issues. Expert faculty analyze the Padilla decision, outline the steps defense counsel must take to provide effective assistance of counsel to their non-citizen clients, and provide essential instruction.

From Washington Defender Association’s Immigration Project

For noncitizen defendants convicted of a deportable offense, the punitive and rehabilitative undertones of the American justice system play out differently than they do for U.S. citizens. Instead of rehabilitation, they are exposed to the most punitive undertones of the penal code, even for many nonviolent offenses. Defendants may face life-changing consequences, such as being torn away from the lives they established in the United States. Counsel must take these special considerations into account when representing noncitizen clients.

Indigent Defense Lory Diana Rosenberg

Brief of Amici Curiae National Association of Criminal Defense Lawyers, New York State Defenders Association, Immigrant Defense Project, Regional Immigration Assistance Center 1–Western NY, Regional Immigration Assistance Center 2–Central NY, Regional Immigration Assistance Center 3–Northern NY, Regional Immigration Assistance Center 4–Hudson Valley, Regional Immigration Assistance Center 5–Nyc, New York County Defender Services, the Legal Aid Society, and Brooklyn Defender Services in Support of Defendant-Appellant Marco Martinez and in Support of Reversing the Decision of the County Court

Brief for Amici Curiae National Association of Criminal Defense Lawyers and Federal Defenders of New York, Inc., in Support of Appellant’s Petition for Rehearing en Banc

The S Visa is a special program designed to allow law enforcement to provide legal status to remain in the U.S. to non-citizens cooperating with investigations and prosecutions, in exchange for that cooperation. This report and its recommendations shine the light on the failure of government to properly administer the S Visa Program. Currently, eligible individuals who might provide information and cooperation are discouraged, and their attorneys find themselves unable to assure clients of the government’s ability to timely follow through on the exchange. [Released June 2021]

A drug conviction can banish a noncitizen from the United States without regard to any rehabilitation or family ties. In addition, drug violations may torpedo a person’s chances of obtaining a visa, a green card, or citizenship. When should a criminal defense attorney get an immigration attorney involved?

Letter to Attorney General Merrick Garland regarding former Attorney General William Barr's ruling in Matter of Thomas and Matter of Thompson, 27 I. & N. Dec. 674 (AG 2019) changing DOJ and DHS policy so state courts can only affect immigration sentencing if related to underlying criminal proceedings and not the immigration case.

Statement to the U.S. Sentencing Commission regarding proposed amendments to sentencing guidelines.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding a proposed amendment to Rule 11 of the Federal Rules of Criminal Procedure.