Criminal Defense Immigration Project Training Resources

This page contains links to materials developed for CDIP training sessions as well as other important information sources. The NYSDA CDIP Advanced Immigration CLE Summary contains an annotated description of the materials listed below.

Who Is At Risk For Removal And How?

General Classes of Inadmissibility, INA Sect 212
General Classes of Deportability, INA Sect 237
DHS Guide on Travel and Identity Documents
ICE ACCESS Facts Pamphlet
ICE Memo on "Immigration Enforcement Priorities" (Mar 2, 2011)
Secure Communities (SCOMM) Memo of Agreement between NYS and ICE (suspended by Gov Cuomo June 1, 2011; rescinded by DHS Aug 18, 2011)
Exercising Prosecutorial Discretion (ICE June 17, 2011)

Impact of Immigration Detainers on Criminal Proceedings

Immigration Detainer (Hold) Statute (8 C.F.R. Sect 287.7)
DHS Prosecutorial Took Kit (Apr 25, 2011)
NYSDA Immigration Detainer Advisory and Appendices (2011):
    ¤ App A: ICE Access Facts Pamphlet
    ¤ App B: Form I-247, Immigration Detainer - Notice of Action (2010)
    ¤ App B: Form I-247, Immigration Detainer - Notice of Action (2011 draft ver.)
    ¤ App C: ICE Memo "Superseding Guidelines on Reporting and Investigating Claims to US Citizenship" (Nov 19, 2009)
    ¤ App D: ICE Memo "Exercising Prosecutorial Discretion" (June 17, 2011)
    ¤ App E: NYSDA CDIP Bail Determination Chart
    ¤ App F: NYSDA CDIP Padilla v. Kentucky Advisory
    ¤ App G: Summary of Immigration Consequences of Criminal Convictions Chart
    ¤ App H: DHS Information Pamphlet ICE Online Detainee Locator
    ¤ App H: Form G-28
    ¤ App H: Sample Immigration Detainer Jail letter and Notice of Entry of Appearance as Attorney

Grounds for Removal

NYSDA IDP Checklist Immigration Consequences of a Criminal Conviction
NYSDA IDP Reference Chart of Immigration Consequences of a Criminal Conviction NYS Offenses (See updated chart from Representing Immigrant Defendants in NY (5th ed 2011)(For more updates see Immigrant Defense Project (IDP))

Immigration Relief From Removal

Civil Rights Complaint Process (DHS)
Judicial Diversion Letter Sample
NY Immigration Resource and Reference Contact Listings
NYS Free Legal Services Provider List (EOIR)(For updates see EOIR Court Listings (Legal Aid links found within each court site))
Protocol for the Development of a Public Defender Immigration Service Plan (NYSDA 2009)
Relief from Removal Quick Reference Chart
Temporary Protected Status (TPS) adjudications Involving NYS Traffic Infractions and Violations (CIS June 17, 2010)

Research Links

Defending Immigrants Partnership – Provides resources on the immigration consequences of crime
Immigrant Defense Project – Provides resources on the immigration consequences of a crime
U.S. Citizenship and Immigration Services - Lists Immigration Applications, Announcements and Processing Times
U.S. Immigration and Customs Enforcement - Provides ICE mission statement, ICE Fact Sheets, Policies and Practices and News
U.S. Customs and Border Protection & U.S. Border Patrol - Provides CBP and US Border Patrol mission statements, Policies and Practices and News
US Department of Justice, Executive Office For Immigration Review - Lists Immigration Courts Nationwide, Immigration Decisions, Court Practice Manual, Free Legal Services and Forms
U.S. Department of State - Provides Information on Visa Applications and Processing Times for immigrant visas
Immigrant Legal Resource Center - Naturalization Charts (week 3) - Link of Acquiring Citizenship Reference Charts