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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Amicus Curiae Brief of the National Association of Criminal Defense Lawyers in Support of Appellant.
Argument: [T]his case raises fundamental constitutional issues implicating Appellant’s right to have his Fifth Amendment right to Brady material and his Sixth Amendment right to compulsory process in securing evidence from MAB’s [the complainant] U.S. Citizenship and Immigration Services [USCIS] Alien File [A-File] produced for an in camera judicial review. That was necessary to protect Appellant’s right to confront his accuser, to include impeaching her at trial. Finally, this case implicates Appellant’s Sixth Amendment right to the effective assistance of counsel. NACDL is not alleging ineffective assistance of counsel [IAC], but rather that Appellant’s Trial Defense Counsel [TDC] was improperly thwarted by the government’s opposing his request for an immigration law expert to assist the defense, which the military judge denied, as well as access to her A-File.
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.
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.
Second Circuit Decision to Vacate and Remand Based on Sentence Higher than Guidelines for Illegal Reentry into the United States.
President Barbara Bergman's letter to House members regarding the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437).
Amicus curiae brief of the National Association of Criminal Defense Lawyers, National Immigration Project of the National Lawyers Guild, Immigrant Legal Resource Center and Immigrant Defense Project in support the of the petition for writ of certiorari.
Argument: The question is exceptionally important because of the deepening conflict over the retroactivity of Padilla v. Kentucky imposes severe consequences on countless non-citizens and causes confusion in the enforcement of federal immigration law.
