Criminal Defense of Immigrants

Both federal and state courts operate subject to statute in deciding whether to release a defendant from custody in a criminal case, what factors to consider, what procedures to use in deciding whether to impose conditions on release from custody, and what those conditions should be.  Some courts need not take immigration status into account in deciding these questions. Even where courts do consider citizenship in making these determinations, immigration status is only one of many considerations and does not per se justify a decision to deny release. Courts apply the same two criteria for all defendants, regardless of a defendant’s citizenship or immigration status: does the defendant pose a risk of flight, and does the defendant pose a danger to the community. [13]

[13] See, e.g., 18 U.S.C. § 3142.