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

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

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.

Brief of the National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner-Appellant.

Brief of the National Association of Criminal Defense Lawyers, National Association for Public Defense, Immigrant Defense Project, Immigrant Legal Resource Center, and National Immigration Project of the National Lawyers Guild as Amici Curiae in Support of the Petitioner-Appellant.

Brief for Amici Curiae the New York State Defenders Association, Inc., New York State Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers et al., including Immigrant Defense Project (complete list of amici is available in appendix to brief linked above).

Brief of Amici Curiae Immigrant Defense Project, Immigrant Legal Resource Center, National Association of Criminal Defense Lawyers in Support of Petitioner’s Petition for Rehearing or Rehearing En Banc

Proposed Amici Curiae Brief by the Lawyers' Committee for Civil Rights, California Attorneys for Criminal Justice, the National Association of Criminal Defense Lawyers, et al., in Support of Petitioner Ron Douglas Patterson.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the Immigrant Defense Project as Amici Curiae in Support of Petition (On Petition for a Writ of Certiorari to the New York Court of Appeals).