Criminal Defense of Immigrants

Because it is not possible to be certain, before talking with the client, of the client’s citizenship or immigration status, it is essential that criminal defense counsel explore these questions during the initial interview of every single client.  Counsel can thus identify every single client for whom the immigration consequences are an important factor.

                Aside from the traditional criminal defense goals of the client interview, defense counsel with a client who might be a noncitizen should consider pursuing a number of additional goals, which are listed below.  See § § 5.6, et seq., infra.  It is also necessary for many clients to determine the language and dialect in which they are most fluent, and to ascertain the cultural influences that may affect the defense of the criminal case, regardless of the citizenship of the client.  Because it is not possible to be certain, before talking with the client, of the client’s citizenship or immigration status, it is strongly suggested that counsel explore these questions during the initial interview