Contact with the criminal and family court systems can lead to a broad range of adverse immigration consequences—including deportation—for both documented and undocumented people.

These consequences are not always immediately obvious and can impact clients years after the resolution of a case. Moreover, even a pending criminal or family court case can impact clients who are not U.S. citizens. 

It is crucial to seek expert immigration advice early in a case so that you can try to mitigate these potentially devastating consequences and your client can make informed choices prior to the outcome of the case.

To request a consultation, please call (518) 447-4890.

Immigration & Customs Enforcement (ICE) and Homeland Security Investigations (HSI) are federal agencies that send officers to detain and deport "removable" people in the community, including at courthouses. This practice of arresting immigrants in courthouses undermines equal access to justice and can interfere with clients' ability to resolve criminal matters.

• The Immigrant Defense Project has created a guide that provides tips for protecting immigrant clients in the courthouse, including what to do before and after your client is detained by ICE in the courtroom. How to Advise Immigrant Clients on ICE in the Courts
• The Legal Aid Society has prepared a guide to assist lawyers in providing competent, diligent, and constitutionally effective legal representation to their immigrant clients while being careful not to engage in conduct prohibited by the federal harboring statute, 8 U.S.C. § 1324.  What Attorneys & Advocates Need to Know About ICE in Courts

To request a consultation, please call (518) 447-4890.

The Immigrant Defense Project offers a guide, "Representing Clients Detained by ICE," for criminal defense attorneys, with information about how to:

• Identify strategies and arguments for ensuring fair access to the court for your client in ICE custody; 
• Ensure continued communication with your client while they are in ICE custody; 
• Identify if your client will have a hearing and/or be assigned an attorney in Immigration Court; and 
• Access resources to ensure the best outcome for your client in criminal and immigration proceedings.

To request a consultation, please call (518) 447-4890.

The Immigrant Defense Project offers an Immigration and Customs Enforcement (ICE) Detainer FAQ, available in English and Spanish.

This is an “ICE Detainer 101” with explanations, including:

• What is an ICE Detainer?
• Why do I have an ICE Detainer?
• How does ICE know about Me?
• How Long Can I Be Held in Criminal Custody on a Detainer?
• What Can I Do About an ICE detainer?

Like the criminal legal system, family court involvement can trigger an array of immigration consequences including preclusion from citizenship, the denial of immigration relief, and even deportation.

Through training sessions and presentations, the Albany County Regional Immigration Assistance Center educates attorneys, advocates, judges, and court staff about how family court contact can adversely impact immigrant families.

The Center provides free consultations to court-mandated attorneys who represent respondents in family court proceedings on the range of adverse immigration consequences that can stem from such family court contact. To request a consultation, please call (518) 447-4890.

Additional resources for family court attorneys:

• A memo from the NY Office of Court Administration’s Advisory Council on Immigration Issues in Family Court has additional guidance on adverse consequences regarding family court dispositions.
• The Fund for Modern Courts offers online legal reference guides on the complex intersection of family court issues and federal immigration laws, policy, and enforcement.