Criminal Defense of Non-Citizens is Complex and Fraught with Peril
The intersection of criminal and immigration law is extremely complex and fraught with peril for attorneys and clients. A non-citizen facing criminal charges must worry not just about jail time and a criminal record, but also possibly losing his immigration status and being deported. Many criminal defense attorneys advise non-citizen clients to accept certain plea bargains, not realizing the long-term immigration consequences.
Understanding this area of the law starts with distinguishing two classes of immigrants: legal versus undocumented immigrants. The former group includes visa and green card holders given permission to stay in the United States. For legal immigrants, certain criminal convictions trigger deportation. Among these are aggravated felonies, domestic violence, drug crimes, firearm offenses and crimes of moral turpitude.
Undocumented immigrants (or illegal aliens) are foreigners living in the United States without permission. For this group, certain criminal convictions trigger inadmissibility, or denial of the opportunity to gain lawful immigration status. Among these are drug or prostitution crimes, crimes of moral turpitude, and multiple convictions. These crimes will also cause illegal aliens to be removed from the country and denied permission to re-enter.
With budget constraints and backlash against immigrants, the federal government is taking an ever tougher stance against foreigners with criminal records. More are being detained and deported. Criminal defense lawyers representing a non-citizen client must work diligently to resolve his/her case in a way that avoids these devastating immigration consequences.
