Criminal Defense of Immigrants

(C)  Investigate the Immigration Consequences of Representing the Noncitizen Child.  If the client is not a United States citizen, then counsel should investigate the actual immigration status, and the various immigration consequences that may be triggered by juvenile, youthful offender, or adult criminal court proceedings.  See § 12.3, infra.  Aside from the disposition of the proceedings themselves, it is important to help the client avoid making any oral or written admission that may itself trigger damaging immigration consequences.  See § 12.4, infra.  It is usually not a good idea to cooperate in referring juveniles for screening by immigration authorities.  See § 12.5(D), infra.  Immigration holds may be lodged against clients in juvenile court detention.  See § 12.5, infra.  Normal ways of dealing with juvenile court custody may require modification if the risk of an immigration hold is present.  See Chapter 6, supra.  If a client may be eligible for Special Immigrant Juvenile Status, certain actions may be necessary in juvenile court to assist the client in obtaining that status.  See § 12.7, infra.  Normally, a finding of juvenile delinquency will not trigger adverse immigration consequences, but there are some exceptions.  See § 12.8, infra.  A juvenile sentence is not considered a sentence for immigration purposes, see § 12.9, infra, because it is not imposed as a result of a conviction.  See § 12.21, infra.   Probation conditions may require special attention for noncitizens.  See § 12.9(B), infra.