Guide for Criminal Defense Counsel: Representing Clients Detained by ICE

  • Organization: Immigrant Defense Project (IDP) and Make the Road NY (MRNY)
  • Document Type: Training materials
  • Date Created: Tuesday, June 04, 2019
  • Attachment(s): LINK

Under the Trump administration, the Immigrant Defense Project has documented an alarming 1700% increase in ICE arrests and attempted arrests in and around courthouses across New York State. While the NYS Office of Court Administration has placed some restrictions on warrantless ICE activity within state courthouses, immigrants remain at risk of ICE arrest while their cases are pending, including on their way to and from court.

An ICE arrest can interfere with an individual’s right to defend themselves against criminal charges. Public defenders, community based organization, and immigration advocates and attorneys have struggled to ensure that this disturbing, disruptive ICE practice does not impinge on the due process rights every person is entitled to, regardless of their immigration status.This guide outlines best practices and crucial information for ensuring the rights of clients while they are detained by ICE:

  • Other Detention
  • Other Immigration and Crimes