May 6, 2026
1:00 PM ET / 12:00 PM CT / 11:00 AM MT / 10:00 AM PT / 9:00 AM AKT
When Criminal Justice Meets the New ICE Mandates—How Courthouses Are Responding
Presented by former and retired immigration judges, this program analyzes the critical 2026 "Dual System" where local criminal courtrooms and federal enforcement mandates intersect. Participants will learn about technical record-keeping required to prevent "ambiguity traps" and develop immediate strategic responses to landmark 2025–2026 shifts in mandatory detention, courthouse enforcement, and appellate review.
Learning Objectives:
- Identify and Reconcile Discrepancies Between State and Federal "Convictions" - Participants will be able to distinguish between the state-level definition of a conviction and the broader federal definition under 8 U.S.C. § 1101(a)(48)(A). Attendees will learn to identify specific "traps"—such as expungements, stayed adjudications, and vacated records—that may resolve a case in criminal court but still constitute a permanent "conviction" for immigration purposes, triggering mandatory federal enforcement.
- Audit the "Paperwork Pipeline" to Prevent the "Ambiguity Trap"
Attendees will learn to evaluate criminal record documents (Plea Agreements, Colloquies, and Certificates of Disposition) through the lens of an Immigration Judge. The session will teach practitioners how precise plea language and sentencing records avoid factual ambiguities. Participants will gain strategies to ensure that a "silent record" does not inadvertently allow federal authorities to categorize a client’s offense as an Aggravated Felony or a Particularly Serious Crime.
- Formulate Immediate Strategic Responses to 2026 Enforcement Shifts - Participants will be able to learn about how some courts are developing practical "first-response" protocols for the courthouse and home enforcement actions based on the latest 2026 developments, including the Fifth Circuit's "Arriving Alien" ruling and the Todd Lyons Memo. Practitioners will learn to document ICE incidents effectively, advise clients on the defensive use of the 5th Amendment during hallway encounters, and navigate jurisdictional protections like the New York Protocols or Illinois H.B. 1312.
Speakers:
Hon. Mimi Tsankov (Ret.)
Hon. Maria Lurye (Ret.)
Hon. Raisa Cohen (Ret.)