[LETTERHEAD]

LETTER TEMPLATE TO JAIL LEGAL DEPARTMENT INVOKING RIGHTS OF NONCITIZEN CLIENTS1

[DATE]

[GENERAL COUNSEL OF JAIL] [NAME OF JAIL] Legal Department 75-20 Astoria Blvd. Suite 302 East Elmhurst, NY 11370

Dear [SHERIFF/ COMMISSIONER OF DEPARTMENT OF CORRECTION/ GENERAL COUNSEL OF JAIL]

[NAME OF PUBLIC DEFENDER OFFICE] is public defender office that represents the majority of defendants arraigned in [LOCATION] on [ARRAIGMENT DAYS]. [INCLUDE IF APPLICABLE:] In addition to criminal defense, [NAME OF OFFICE] provides a variety of civil legal services to our clients, including immigration representation. In this regard, [NAME OF OFFICE] represents all of its criminal defense clients for purposes of any immigration investigation, interview, or examination conducted while the client is incarcerated in a jail or holding facility of any kind. [IF OFFICE DOES NOT DO ANY IMMIGRATION REPRESENTATION, CAN SAY: As part of our criminal representation, our office advises noncitizen clients regarding the immigration consequences of their criminal cases, per our duty under the U.S. Supreme Court’s decision in Padilla v. Kentucky. In this regard, we represent all of our criminal defense clients for purposes of any immigration investigation, interview, or examination conducted while the client is incarcerated in a jail or holding facility of any kind.] Attached is a list of all the clients we arraigned on [DATE OF ARRAIGNMENT] whose cases remain pending at this time or who are in [NAME OF JAIL] custody.2 I am writing to you in my capacity as [AUTHOR’S JOB TITLE] to notify you of our representation of these clients and to invoke the various rights set forth below on behalf

1 This letter was adapted by the Immigrant Defense Project from The Bronx Defenders. Special thanks to Jennifer Friedman, Director of Immigration Advocacy at The Bronx Defenders. This letter is not meant to constitute legal advice. Please contact Alisa Wellek at [email protected] if you have any questions. 2 Clients on this list are identified by first and last name and criminal docket number. This additional information is included for the administrative convenience of DHS only and does not in any way limit the invocation of rights herein with respect to each and every individual identified by name and docket number. of the listed clients with the Department of Corrections and the United States Department of Homeland Security (“USDHS”).

NOTICE OF REPRESENTATION

I, [ATTORNEY’S NAME], ESQ., hereby notify the Department of Homeland Security that I represent the individuals on the attached list for purposes of any immigration investigation, interview, or examination conducted while the client is incarcerated in a [NAME OF JAIL] jail or holding facility of any kind. I am an attorney and a member in good standing of the bar of [STATE OF BAR ADMITTANCE]. My attorney registration number is [INCLUDE IF APPLICABLE]. I am not under any court or administrative agency order suspending, enjoining, restraining, disbarring, or otherwise restricting me in practicing law. Moreover, I am currently qualified to represent the individuals listed in the attached list as provided by 5 U.S.C. § 500(b) and 8 C.F.R. § 292.1(a)(1).

INVOCATION OF THE RIGHT TO REMAIN SILENT

On behalf of the individuals on the attached list, I hereby invoke their right to remain silent under the Fifth Amendment of the United States Constitution. You are hereby notified that individuals on the attached list do not wish to answer any questions from immigration officers, Department of Correction personnel acting on behalf of immigration officers, or anyone else inquiring about their immigration status, nationality, citizenship, or place of birth. Moreover, the individuals on the attached list do not wish to attend any interview with any immigration officers or employees or answer any questions posed by such officer. Any such interview conducted without my presence will occur against the will of the interviewee and any statements resulting made therein will be coerced and involuntary.

INVOCATION OF THE RIGHT TO COUNSEL

On behalf of the individuals on the attached list, I hereby invoke their right to counsel under the Due Process Clause and Self-Incrimination Clause of the Fifth Amendment to the United States Constitution; the Sixth Amendment of the United States Constitution; Section 555(b) of the Administrative procedures Act; and Article 1, section 6 of the New York Constitution [INCLUDE APPLICABLE STATE LAW]. As noted above, individuals on the attached list do not wish to participate in any interview, interrogation, or examination of any kind conducted by immigration officers or employees. In the event such interviews take place, the individuals on the attached list wish to have their undersigned counsel present. In particular, the individuals on the attached list wish to invoke their rights under 8 C.F.R. § 292.5(b) to have their attorney present during any examination.

INVOCATION OF RIGHT TO CONSULAR ASSISTANCE

On behalf of those individuals listed in the attached list who are not citizens of the United States, I hereby invoke their right to consular assistance. See Vienna Convention On Consular Relations And Optional Protocols, U.N.T.S. Nos. 8638-8640, vol. 596, pp. 262-512 (April 24, 1963), ratified by the Senate in 1969; see also 8 C.F.R. § 236.1(e). Such clients do not wish to speak with any federal immigration officers or employees, Police Department officers or employees, Corrections officers or employees, or any other law enforcement official before they have had the opportunity to consult with representatives of their respective consulates.

If you have any questions or need any further information please contact me at [CONTACT INFORMATION]. In the event [JAIL NAME] intends to make any of these clients available for interviews by USDHS personnel or [JAIL NAME] employees acting on their behalf, please notify me in advance so that I may attend such interviews.

Sincerely,

______

Cc: via facsimile [JAIL LEGAL OFFICE]