Assocation File Amicus Brief in Immigration Case

Last spring, the New York Association of Drug Treatment Court Professionals signed on as an amicus curiae (“friend of the court”) in two cases where lower courts had held that Immigration and Customs Enforcement (ICE) could consider state felony drug possession charges an "aggravated felony," even if the possession charges would be considered a misdemeanor under federal law. This interpretation of immigration law is critical since non-citizen immigrants convicted of "an aggravated felony" face mandatory deportation from the United States. After judges on the Association's Board of Directors recused themselves from considering the matter, the remainder of the Board voted unanimously to sign on as an amicus to the brief prepared by the NYS Immigrant Defense Fund and faculty from New York University Law School.

The Association agreed to sign on to the brief since ICE’s interpretation of the law would have had a significant detrimental effect on drug court participation by non-citizen defendants. Under ICE’s interpretation, even successful completion of long-term drug treatment and vacatur of the plea would not stop deportation. Allowed to stand, this interpretation of the immigration law would drastically reduce non-citizen incentive to participate in New York drug courts.

On Tuesday, December 5, 2006, the United States Supreme Court, in an eight to one decision written by Justice David H. Souter, reversed the lower courts and held that state crimes fall under the term "aggravated felony" for the purposes of the Immigration and Nationality Act only if the conduct is punishable as a felony under federal law.