3 Challenges in Cases Involving Immigration Consequences
Immigration law intersects with criminal justice in ways that can dramatically alter lives. This article delves into the complex challenges faced by individuals navigating cases with potential immigration consequences. Drawing on expert insights, it explores how seemingly routine actions like bond posting, criminal pleas, and minor drug offenses can unexpectedly derail immigration prospects.
- Bond Posting Leads to Complex Legal Entanglements
- Criminal Pleas Can Trigger Unexpected Immigration Consequences
- Minor Drug Offenses Derail Immigration Prospects
Bond Posting Leads to Complex Legal Entanglements
Clients often post a bond without realizing that it may result in their transfer to immigration custody. They may have to assert a removal defense with very little time to prepare, or they may be deported with an outstanding arrest warrant since they did not resolve their criminal matter.
I have a client who was recently granted a bond reduction because the State was not prepared for trial. Once the family posted that bond, he was sent to immigration custody, but then transferred to Federal custody for an Illegal Reentry case. The original criminal judge then increased his bond because immigration removed his ankle monitor, which was seen as a bond violation. He is currently in Federal custody with both an immigration hold and a criminal hold. It is uncertain whether he will serve out his Federal time and then be deported, or if he will serve out his Federal time and then be sent back to criminal court. The outcome remains unclear.
Often, my clients have to find money to hire both a criminal lawyer and an immigration lawyer. Sometimes they have to settle for a court-appointed criminal lawyer because they cannot afford to hire both types of lawyers. These are difficult choices in challenging times.
Criminal Pleas Can Trigger Unexpected Immigration Consequences
One major challenge in defending clients facing both criminal and immigration consequences is the disconnect between criminal law outcomes and how immigration authorities interpret those outcomes. A suspended sentence or even a fine might seem minor in criminal court, but it can lead to deportation or inadmissibility under immigration law. I once represented a client charged with theft—his plea deal involved no jail time, but the charge was classified as a 'crime involving moral turpitude' under immigration regulations. We had to coordinate closely with an immigration lawyer, filing post-conviction relief to reclassify the offense. This experience reinforced the importance of anticipating immigration fallout before accepting any plea, no matter how favorable it appears in court.
Minor Drug Offenses Derail Immigration Prospects
In my day-to-day practice, I am constantly dealing with clients whose criminal records are preventing them from obtaining a visa or citizenship. It's pretty common for professionals to get arrested for the possession of small amounts of Class A drugs. Although often the client might have avoided a prosecution by accepting a police caution, the consequences of a police record for the possession of Class A drugs can be far-reaching. A relatively minor record like this can prevent a visa or green card from being issued, leading to lost job opportunities and separation from loved ones.
