The report “Justice Detained, Justice Denied: Immigration and Customs Enforcement Prevents Immigrants from Fighting Unlawful Criminal Convictions,” authored by the Immigrant Rights Clinic at New York University School of Law and commissioned by Families for Freedom, reveals the fundamental contradiction between New York state and constitutional laws designed to protect people from unlawful convictions, and the deportation machinery of U.S. Immigration and Customs Enforcement (ICE). This report highlights the importance of post-conviction relief for noncitizen New Yorkers, and the ways in which ICE deprives people of their state, federal, and internationally guaranteed rights. We include several stories that illuminate the barriers in this convoluted system.
KEY REPORT FINDINGS: ICE will refuse to bring an immigrant detainee to have her post-conviction relief claim heard by a state judge. ICE will not produce her to the state criminal court even if she manages to remain in the country long enough to reach her hearing date or even if the criminal court judge requires her to be physically present in order to receive post-conviction relief. Click for More
SUMMARY OF RECOMMENDATIONS: New York City, the federal government and foreign consulates and embassies must not be complicit with ICE’s detention and deportation machine or with preventing New Yorkers from fighting unlawful convictions. New York City must act to protect the rights of its residents and the integrity of its criminal justice system by refusing to comply with all ICE detainer requests. Click for More