How to Advise an Immigration Client Under the Trump Administration
From One Attorney to Another
Shortly after his inauguration, President Donald Trump issued a number of executive orders, some of which involved serious changes to immigration policies in the United States. Specifically, the Department of Homeland Security (DHS) was advised to broaden the group of individuals it prioritized for deportation, specifically focusing on immigrants who have been charged with or convicted of any type of crime. In the past, only individuals who committed serious offenses were sought out for removal.
This change is highly important for any criminal defense attorney who is representing an immigrant in many ways. First, a client facing even minor criminal allegations can be targeted by Immigrations and Customs Enforcement (ICE) for removal proceedings. This makes it critical for you to identify when your client is a foreign national and to handle the case accordingly. You should be fully aware of all of the requirements of an attorney representing an immigrant and abide by them, seeking help from another lawyer with extensive knowledge on the subject when needed.
When possible, you should always try to negotiate a lesser charge or have a case completely dismissed. The less exposure a client has to ICE, the less chance ICE will target your client. Your client should understand, however, that even pleading guilty to a non-criminal disposition can expose them to ICE. For the sake of deportation, ICE considers many non-criminal violations to be the equivalent of misdemeanors.
ICE may now issue detainers for clients who would not have been seen as a priority for removal under the past administration. If a detainer is issued, it is important to obtain a copy and read the details of the detainer and take necessary action to ensure your client’s rights are protected if they are facing the removal process.
Call 201-703-9400 today for more information.
Defending an immigrant facing criminal charges can be a complex task and any error on your part can put their future at risk in significant ways. In many cases, it may be wise to contact an attorney who is thoroughly familiar with both criminal and immigration law to assist with the case. Ronald P. Mondello, Esq. Attorney at Law is a highly experienced crimmigration attorney who understands how to advise clients and how to handle both the criminal and immigration sides of a case. Please contact our office today for assistance.
