NACDL joins bar associations, legal services providers, policymakers, and judges in calling for an immediate and complete halt to the implementation of Directive Number 11072.1.

Nation's Criminal Defense Bar Strongly Urges American Congressional Leadership to Save 'Dreamers' -- Washington, DC (Sept. 6, 2017) – Yesterday, the Trump administration rescinded the Deferred Action for Childhood Arrivals (DACA) program, effective in six months. To date, the program has provided legal protection to some 800,000 undocumented individuals brought to the United States as children.

Courts have long made it clear that agents can search the bags of people entering the country. For the past decade or so, U.S. Customs and Border Protection (CBP) has applied that logic to digital devices. NACDL members are uniquely exposed to abuse in this context: digita

on the Border

Operation Lone Star, a Texas effort to secure the border, leverages the trial penalty to secure plea bargains. 

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.

That Is ‘Zero Tolerance’?

The concept of “zero tolerance” within the criminal justice system is nothing new. Zero-tolerance policies allow for a quick and easy method of criminalization that is contrary to an effective and moral criminal justice system.

Coalition letter to California Assemblymember Ed Chau regarding disparities and discrimination, abuse, accuracy, information sharing, and other issues in the proposed bill AB 2261 on facial recognition technologies.

Amy Kimpel and James Chavez explain how to get non-U.S. citizen clients (both those with legal status and those who are undocumented) out of custody and how to keep them out. Their article will inspire defense advocates to fight for pretrial release for non-U.S. citizen clients and will provide legal ammunition for the battle.

of Drug Offenses

When a criminal defense attorney sees a drug or drug-related charge alleged against a noncitizen client, the attorney should immediately think of immigration consequences. The main defense strategies for drug cases are as follows, in order of preference: (1) avoiding a drug conviction entirely through dismissal or negotiation; (2) if a drug conviction is unavoidable, avoid an aggravated felony; (3) plead to a substance that is not federally controlled; or (4) create a vague record of conviction as to the substance if the state law is overbroad.

The Latest Manifestation of NACDL’s Commitment to Reform and a Look Back at the 41 Reports That Preceded It and a Preview of the Next 3

Congress ostensibly created the “S” Visa program to promote national security by incentivizing foreign nationals to provide information to deter terrorist attacks. Does the program work as intended?

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

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

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

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