Saturday, September 23, 2006

Immigration consequences for a criminal defendant

The Immigration consequences for a criminal defendnat can have a devastating effect on a non-citizen's status. This becomes critical in the event of a guilty plea to an aggravated felony. The Department of Homeland Security (formerly INS) looks very harshly on non-citizens who commit certain crimes. What happens? A nearly guaranteed one-way ride out of the country.

A defense attorney who defends a non-citizen often is placed into a quandry. The law of Immigration is so volitile these days; it's such a hot topic because there are so many unsettled issues. How can a criminal defense attorney even begin to know how to navigate the explosive minefield of Immigration consequences for the non-citizen client? Should the defense attorney go out and learn Immigration law in order to properly serve the non-citizen accused?

Or should we set up a system where a non-citizen is provided with an Immigration attorney, in addition to a criminal defense attorney?

As it stands today, the system will provide a language interpreter for an accused, at the State's expense. So why not provide an attorney who can advise the non-citizen of the possible Immigration consequences?

Deportation seems like a very harsh measure ... like a life sentence perhaps??

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