Citizens of the United States and non-citizens alike sometimes find themselves on the wrong side of the law. Both face criminal sanctions as a result of their criminal activity, including fines, being sentenced to probation, and even imprisonment. However, unlike citizens, all non-citizens face the threat of exposure to immigration consequences stemming from their criminal activity. Chief among these consequences is the risk of being permanently removed from the United States.
In a previous article, we discussed the common and often severe immigration consequences of criminal behavior.1 The Supreme Court has now sharply focused on this issue in its impactful decision in Padilla v. Kentucky,2 recognizing that current immigration laws impose harsh immigration consequences on non-citizens facing certain criminal convictions, while providing almost no opportunity for relief. In Padilla, the Court imposes on criminal defense counsel a constitutional obligation to advise their non-citizen clients about the immigration consequences of a guilty plea. This article will provide a summary of the significant changes in immigration law leading up to the Supreme Court’s decision in Padilla, and will discuss the decision and its impact on non-citizens and their defense counsel.
Facts of ‘Padilla v. Kentucky’
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