Criminal Defense of Immigrants

(B)  Effects of Immigration Status on Sentence.  In representing noncitizen defendants, it is important not only to examine and attempt to minimize the immigration consequences of sentence, but also to investigate and minimize the damaging effects on the sentence itself that may be triggered by the defendant’s immigration status, particularly any immigration hold that may be lodged against the defendant.

                The defendant may be eligible for, and benefit from, any number of rehabilitative programs, such as alcohol or drug rehabilitation programs, probation or parole supervision, job training programs, boot camp, hospital treatment programs, out-patient programs, English as a Second Language courses, school of various kinds, work and school furlough, half-way houses, community correctional centers and other forms of minimal supervision custody arrangements, and home detention or electronic monitoring programs.  To the extent that these programs are considered by the immigration authorities to be non-custodial programs, an immigration hold will render the noncitizen ineligible to participate in them, since the hold will be executed on the noncitizen’s release from criminal custody, and in-custody removal proceedings will begin.  See § 6.12, supra.