Immigration Consequences
of Select Tennessee Offenses
By Michael Holley
Immigrants commit far fewer
crimes per capita than do the native born. Yet the public
typically believes that deporting immigrants will reduce crime
rates. That belief has prompted a sharp change in policy
towards those immigrants who do commit a crime, whether
serious or petty. In 1990, it was rare that an immigrant could
be deported for a conviction unless he had served five years
in prison. Today, in contrast, many immigrants face
deportation for relatively minor offenses. A misdemeanor plea
for time served can virtually require deportation and
permanent banishment.
This change in immigration
policy has coincided with the growth of Tennessee=s immigrant
population and with the creation in Tennessee of effective
mechanisms for identifying and deporting noncitizens convicted
of crimes. Due to these changes, defense counsel in Tennessee
can no longer remain ignorant of the immigration consequences
of criminal convictions. An immigrant client=s exposure to
deportation is often the most important factor in his or her
decision whether to plead guilty. Accordingly, many
authorities B including the courts, the American Bar
Association, and the National Legal Aid and Defender
Association B recognize that a defense attorney has a duty to
advise the immigrant client as to the potential immigration
consequences of a conviction. It may even be
unconstitutionally ineffective assistance of counsel to fail
to warn a client about those consequences.
See this complete article and more in the
June - July 2008 issue of
For
the Defense, TACDL's bi-monthly publication for
members. Join
today and receive your copy!