The nifty portmanteau word: "Crimmigration."
Of course, if our minders are correct that immigrants, illegal and otherwise, are good, well-meaning people, there would be no need for such a word. But—Ron Unz's strange article aside—the anecdotal evidence doesn't support that. Illegal aliens make frequent appearances in the criminal justice system, so much so that taxpayers are now footing the bill for the translation services.
Course No: 5830On March 31, 2010, the United States Supreme Court rendered the most significant sixth amendment decision since Gideon v. Wainwright.In Padilla v. Kentucky, the Court held that the right to effective assistance of counsel includes the duty of counsel to give advice regarding the immigration consequences which flow from criminal dispositions. In holding that the risk of deportation is so intrinsically intertwined with the criminal proceeding as to be considered a penalty, the Court announced a framework that will affect the way in which criminal lawyers must approach the defense of non-citizens for years to come.This seminar will examine the practical effects of Padilla by working through hypotheticals designed to provide a model for representation of the non-citizen criminal defendant. Topics will include:
- Overview of Padilla
- What the Court said
- What the decision means
- Determining "clear consequences" which give rise to "a clear duty to give accurate advice"
- What you now need to know
- Basics of immigration law for the criminal attorney
- Practical guide for representation of non-citizens
- Client intake interview addressing detailed social and immigration history
- Assessment of clientâ€™s immigration objectives in terms of the criminal disposition
- Strategies for charge and/or sentence bargaining that will insulate client from removal and/or â€” pave the way for relief from removal
- Role of immigration expert counsel
- Liability for failing to give advice or for rendering misadvice
- Resources for the criminal lawyer in the world of immigration law