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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For noncitizen defendants convicted of a deportable offense, the punitive and rehabilitative undertones of the American justice system play out differently than they do for U.S. citizens. Instead of rehabilitation, they are exposed to the most punitive undertones of the penal code, even for many nonviolent offenses. Defendants may face life-changing consequences, such as being torn away from the lives they established in the United States. Counsel must take these special considerations into account when representing noncitizen clients.
Indigent Defense Lory Diana Rosenberg
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
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.
The S Visa is a special program designed to allow law enforcement to provide legal status to remain in the U.S. to non-citizens cooperating with investigations and prosecutions, in exchange for that cooperation. This report and its recommendations shine the light on the failure of government to properly administer the S Visa Program. Currently, eligible individuals who might provide information and cooperation are discouraged, and their attorneys find themselves unable to assure clients of the government’s ability to timely follow through on the exchange. [Released June 2021]
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.
Statement to the U.S. Sentencing Commission regarding proposed amendments to sentencing guidelines.
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.
Coalition letter to members of the House regarding legislation that would redefine "criminal gang" to include people not involved in those activities yet in danger of deportation and other immigration penalties (see Criminal Alien Gang Member Removal Act (H.R. 3697, 2017)).
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.
Second Circuit Decision to Vacate and Remand Based on Sentence Higher than Guidelines for Illegal Reentry into the United States.