Criminal Defense of Immigrants

It is not uncommon to encounter bias against noncitizens on the part of the prosecution or court.  This bias may take the form of bias against noncitizens in general, see § 8.35, infra, or bias against undocumented noncitizens in particular.  See § 8.36, infra.  See also § 10.2(B)(4), infra, for discussion of prohibition against basing sentence on national origin.  If the relief cannot be obtained at the trial level because of bias against noncitizens, try to make a record of such a “blanket policy” against noncitizens, and attempt to obtain relief on appeal.