Let's begin with two simple facts: First, many people residing in the United States are not United States citizens. That is why immigration attorneys call earns a living. Second, many people residing in this country occasionally run afoul of its criminal laws. That is why criminal defense attorneys can earn a living. Sometimes, these two groups intersect such that immigration attorneys may find clients accused or even convicted of crimes, and criminal defense attorneys may have clients who are not citizens. Worlds collide. Chaos threatens. Things --often very bad things --happen.
For the most part, the criminal justice system is unconcerned with the citizenship of its customers. Citizens and immigrants are sent to jail without distinction. The criminal defense attorney can therefore manage to perform his or her function with knowing much immigration law. The immigration legal system however, places very significance criminal conduct such that the "civil" immigration consequences €“deportation or removal, permanent exile from the United States, denial of any opportunity to obtain or preserve legal status, etc. -- are frequently far more severe than the harshest possible criminal sentence. Ask yourself: €œWhich would you rather endure, a year in a U.S. jail, or the rest of you life across the world, with no chance to return to your family, home and job in the United States?"
Since the immigration consequences are so severe, both the immigration attorney and the criminal defense practitioner should be aware of those consequences. In some cases, of course, it will not be possible to change the outcome of the criminal trial, nor the immigration proceedings that follow. In many others, however, tragedy may be prevented if the defense attorney and the client are simply aware of the immigration issues. Immigration and criminal defense lawyers can work together to anticipate and prevent unjust results. This paper intends a modest start. Some of the information will be very basic for immigration attorneys, because it is being written from the perspective of an immigration attorney speaking to other attorneys who may have less familiarity with the Immigration and Nationality Act.
For the most part, the criminal justice system is unconcerned with the citizenship of its customers. Citizens and immigrants are sent to jail without distinction. The criminal defense attorney can therefore manage to perform his or her function with knowing much immigration law. The immigration legal system however, places very significance criminal conduct such that the "civil" immigration consequences €“deportation or removal, permanent exile from the United States, denial of any opportunity to obtain or preserve legal status, etc. -- are frequently far more severe than the harshest possible criminal sentence. Ask yourself: €œWhich would you rather endure, a year in a U.S. jail, or the rest of you life across the world, with no chance to return to your family, home and job in the United States?"
Since the immigration consequences are so severe, both the immigration attorney and the criminal defense practitioner should be aware of those consequences. In some cases, of course, it will not be possible to change the outcome of the criminal trial, nor the immigration proceedings that follow. In many others, however, tragedy may be prevented if the defense attorney and the client are simply aware of the immigration issues. Immigration and criminal defense lawyers can work together to anticipate and prevent unjust results. This paper intends a modest start. Some of the information will be very basic for immigration attorneys, because it is being written from the perspective of an immigration attorney speaking to other attorneys who may have less familiarity with the Immigration and Nationality Act.
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