What is Crimmigration?
Crimmigration is the merging of two ordinarily separate areas of law: criminal law and immigration law. It used to be that criminal lawyers did not need an immigration background to practice, and immigration lawyers did not need to be well versed in criminal law. But as immigration policy in the U.S. has changed, criminal and immigration law have become enmeshed in many situations.
- What is Crimmigration?
- Changes in Immigration Laws
- The Blending of Criminal and Immigration Law
- The Future of Crimmigration
- Call Spolin Law P.C. for Exceptional Crimmigration Representation
Changes in Immigration Laws
In Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court, in deciding a case about ineffective assistance of counsel, recounted the history of immigration policy and its changes. It noted that:
While once there was only a narrow class of deportable [removeable] offenses and judges wielded broad discretionary authority to prevent deportation, immigration reforms over time have expanded the class of deportable offenses and limited the authority of judges to alleviate the harsh consequences of deportation.
In the U.S., there was formerly a procedure by which a “judicial recommendation against deportation” (JRAD) could be made. This procedure gave the sentencing judge in both state and federal prosecutions the power to make a recommendation that a person not be deported. In fact, part of the effective assistance of counsel for a non-citizen was the request for a JRAD.
But Congress eliminated the JRAD in 1990, and, in 1996, also eliminated the Attorney General’s authority to grant discretionary relief from deportation. It increased immigration officials’ detention authority. At the same time, immigration reforms expanded the class of removeable offenses and limited judges’ ability to protect against of deportation, leading to a greater number of removals. Removals are now virtually inevitable for most non-citizens convicted of crimes.
The federal government and some states now rely on a criminal, rather than civil, justice model to control immigration. Despite being called “courts” and “judges,” neither the immigration courts nor the immigration judges who oversee hearings are part of the judicial branch. They are Justice Department trials under the purview of the executive branch.
Direct removals are not the only danger for a non-citizen who commits a crime. If a non-citizen leaves the United States and attempts to return, their re-entry may be denied because of the crime—whether they were convicted of or merely admitted to the crime.
It thus becomes critically important for a criminal lawyer who represents a non-citizen at a criminal trial to be aware of the immigration consequences that a plea or conviction may have. Likewise, an immigration attorney must understand the kinds of crimes that may lead to removal from the U.S. to be able to advise their client whether conviction of certain crimes can result in removal from the U.S. or a refusal of re-entry.
- What is Crimmigration?
- Changes in Immigration Laws
- The Blending of Criminal and Immigration Law
- The Future of Crimmigration
- Call Spolin Law P.C. for Exceptional Crimmigration Representation
The Blending of Criminal and Immigration Law
The broad range of crimes that support removal make it likely that conviction of any crime will result in removal proceedings. These crimes include crimes of “moral turpitude” and certain aggravated felonies.
A crime of moral turpitude is not specifically defined under the law, but courts have interpreted it to include dishonesty, theft, spousal abuse, aggravated driving under the influence, fraud, and intent to harm persons or things. A “petty offense” may escape the scope of a crime of moral turpitude if the penalty for the crime committed could never exceed one year of imprisonment and if any time the person actually served in prison was less than six months.
It is easy to see how an immigration attorney attempting to advise a client about removability would need the assistance of a criminal attorney to determine which crimes may be crimes of moral turpitude and which are petty offenses. With the blending of criminal and immigration law, a Crimmigation lawyer would be knowledgeable of both the criminal law and the immigration consequences of violating the law. Such an attorney is in the best position to advise a non-citizen client.
- What is Crimmigration?
- Changes in Immigration Laws
- The Blending of Criminal and Immigration Law
- The Future of Crimmigration
- Call Spolin Law P.C. for Exceptional Crimmigration Representation
The Future of Crimmigration
Immigration laws continue to become more stringent in terms of who may be allowed entrance to the U.S. and who may be removed. Even Lawful Permanent Residents who leave the country and attempt to return are subject to detention and removal regardless of the length of time they have lived in the U.S. if they have committed or have admitted to a crime that supports removability. The criminal justice model that defines proceedings for removal, as well as the vague definition of crimes of moral turpitude, complicate the process.
As the criminal and immigration systems merge, the need for Crimmigration lawyers increases. A knowledgeable Crimmigration attorney is in the best position to advise a criminal defendant of the consequences of a conviction or plea and to advise a non-citizen of all of the consequences that a conviction has on his or her immigration status. These attorneys are best able to protect a non-citizen’s interests.
- What is Crimmigration?
- Changes in Immigration Laws
- The Blending of Criminal and Immigration Law
- The Future of Crimmigration
- Call Spolin Law P.C. for Exceptional Crimmigration Representation
Call Spolin Law P.C. for Exceptional Crimmigration Representation
The criminal defense and immigration law firm of Spolin Law P.C. has represented many immigrants facing criminal charges. We also handle criminal appeals for non-citizens. Our goal is always to help you remain in the country and achieve the best outcome possible for your family.
For more information about how we can help with your criminal defense, appeals, or immigration case, contact the award-winning lawyers at Spolin Law P.C. at (310) 424-5816.