Criminal Defense of Immigrants
Chapter
- §2.1 I. Introduction: 3 Reasons to Protect Our Clients' Immigration Status
- §2.2 II. It Is In Our Clients' Interest
- §2.3 A. Summary
- §2.4 B. Damaging Immigration Consequences of a Criminal Case
- §2.5 C. Immigration Detention is Often Mandatory
- §2.6 D. No 1 Slips Through the Cracks Any More
- §2.7 1. Immigration Detainees
- §2.8 2. Federal and State Prisoners Subject to Removal
- §2.9 3. Deportations on Criminal Grounds
- §2.10 E. Anxiety and Emotional Distress
- §2.11 F. Family Tragedy
- §2.12 G. Permanence of Damage
- §2.13 H. Illegal Re-Entry Exposure
- §2.14 I. Immigration Effects Often More Important Than Criminal Penalty
- §2.15 III. If We Don't Do It in Criminal Court, Very Often No 1 Can, and It's Difficult or Impossible to Recover From a Mistake
- §2.16 A. Summary
- §2.17 B. Deportation is Often Mandatory
- §2.18 C. Discretionary Relief May be Unavailable
- §2.19 D. The Client May be Unable to Afford a Defense in Immigration Court
- §2.20 E. The Client May be Unable to Tolerate Immigration Custody
- §2.21 F. Post-Conviction Relief May be Impossible, Prohibitively Expensive, or Too Slow
- §2.22 IV. It is Part of Our Job as Criminal Lawyers, and It is In Our Interest to Do a Good Job
- §2.23 A. Summary
- §2.24 B. It's the Right Thing to Do: Ethical Considerations
- §2.25 1. We Must Decline Representation if We Lack Necessary Learning
- §2.26 2. We Cannot Limit the Scope of Representation Without Obtaining the Client's Informed Consent
- §2.27 3. In Any Event, We Must Establish the Citizenship of Each Client
- §2.28 C. Courts Expect Us To Do It
- §2.29 D. The Standards of Our Profession Require it
- §2.30 1. During the Initial Interview
- §2.31 2. During Plea Negotiations
- §2.32 3. Before Sentencing
- §2.33 4. During Sentencing
- §2.34 E. State Statutes Require Advice of Possible Immigration Consequences
- §2.35 F. Professional Literature Urges Us to Do So
- §2.36 G. Ineffective Assistance of Counsel
- §2.37 1. Duty to Investigate and Use Mitigating Facts
- §2.38 2. Duty Not to Give Affirmative Misadvice
- §2.39 3. Duty to Advise
- §2.40 4. Duty to Defend Against Collateral Consequences
- §2.41 H. It Is In Our Own Interest to Defend Our Clients Against Immigration Disaster
- §2.42 V. Conclusion: What Should We do?
- §2.43 A. In General
- §2.44 B. 5 Simple Steps
- §2.45 1. Citizenship
- §2.46 2. Investigation
- §2.47 3. Consultation
- §2.48 4. Negotiation or Litigation
- §2.49 5. Saying Goodbye
- §2.50 C. Resources
§ 2.42 V. Conclusion: What Should We do?
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