Strengthening Advising Noncitizen and Immigrant Defendants of Immigration Consequences

• In Event: Engaging the Defendant: Strategies for Effective Communication in Critical Legal Conversations

Abstract

Noncitizen defendants in criminal legal proceedings can experience collateral consequences in the civil immigration legal system, such as being subject removal proceedings or becoming ineligible for many forms of legal status or legal relief. The 2010 Supreme Court decision in Padilla vs. Kentucky established that criminal defense attorneys must advise noncitizen clients of the immigration system consequences of a guilty plea. Public defender offices and organizations across the U.S. have developed various practices to fulfill their legal obligation under Padilla and the legal needs of noncitizen clients. This research project examines different models of Padilla advising through a series of interviews with Padilla attorneys across the country on how they advise clients directly or support defense attorneys in advising noncitizens of these issues. We find that Padilla advising varies across the country, ranging from in-house Padilla attorneys in public defense offices to statewide projects where a small number of attorneys advise many public defenders and often appointed counsel. These efforts also vary in the types of common legal issues they advise, the impact of local and state criminal and immigration policies, and the ability to assess advising effectiveness.

Authors

• Lilly Yu, RTI International

• Beth Hustedt, RTI International