Criminal Defense of Immigrants


§ 5.11 1. Client's Immigration Status

Skip to § 5.

For more text, click "Next Page>"

Counsel’s task of investigating the client’s exact immigration status is discussed in more detail in Chapter 3, supra.  See generally § § 3.11-3.30, 3.31-3.33, supra.


Because of the frequency with which immigration issues now arise in a criminal or post-conviction practice, it is advisable to get to know an American Immigration Lawyer’s Association (AILA) member who is experienced in criminal-immigration matters.   AILA has local chapters across the country in many areas, and the national office can refer you to a member in your area.  See § 3.43, supra.  Many individual immigration counsel are willing to consult by telephone (if the call does not take too long) concerning immigration effects of proposed criminal dispositions.


                Alternatively, criminal defense counsel can establish an ongoing relationship with an office such as the Immigrant Legal Resource Center with special experience concerning immigration consequences of criminal cases in order to receive consistent advice in this area as needed.  See § § 3.43, supra, 5.12(C), infra.




A party has no duty to disclose their immigration status as part of any civil suit. There are materials available that detail the right to resist disclosing such information in discovery. Thanks to Bruce Nestor.