Criminal Defense of Immigrants

It is extremely difficult for a noncitizen placed in criminal custody to avoid contact with the immigration authorities.  Upon the request of the governor or chief executive officer of any state, the DHS must assist “state courts” in “the identification of aliens unlawfully present in the United States pending criminal prosecution.”[191]  The DHS is also required to have a system in operation to assist federal, state and local law enforcement officials in determining whether criminal defendants arrested for potential aggravated felony offenses are noncitizens.[192]  See § § 6.11-6.12, supra.

                A noncitizen’s immigration status and having a hold placed upon them can have adverse consequences to a person while in criminal custody as well.  See § § 6.19, 10.27, supra. 

[191] INA § 236(d)(3), 8 U.S.C. § 1226(d)(3).

[192] INA § 236(d)(1)(A), 8 U.S.C. § 236(d)(1)(A).