Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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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.
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.
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.
This page contains materials and information on the intersection between immigration law and criminal defense. It also provides a great list of external resources for general immigration law and advocacy.
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
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.
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.
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.
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?
