NATIONALLY RECOGNIZED FEDERAL LAWYERS
NJ How To Prevent Deportation In A Criminal Case
|Last Updated on: 25th September 2023, 06:09 am
Preventing Deportation in NJ Criminal Cases
Non-citizens charged with crimes in New Jersey face the additional threat of deportation if convicted. But an experienced criminal defense attorney can often help avoid immigration consequences using various strategies. Understanding the links between criminal charges and deportation is key for immigrant defendants.
Crimes Triggering Deportation
Many crimes can trigger deportation, removal, or exclusion proceedings under federal immigration law. These include[1]:
- Any “aggravated felony” – murder, rape, trafficking, theft, fraud over $10,000, etc.
- Most drug offenses, including possession.
- Firearms offenses.
- Crimes involving moral turpitude with over 1 year sentence.
- Multiple criminal convictions with over 5 years total sentence.
Even some minor New Jersey offenses can count as deportable crimes. Any criminal conviction requires analyzing immigration consequences.
Immigration Enforcement Cooperation
Local law enforcement may cooperate with ICE on deportations. But New Jersey limits this cooperation through the Immigrant Trust Directive. Police cannot inquire about immigration status or assist deportation efforts solely based on minor offenses. This aims to encourage crime reporting in immigrant communities.
Pre-Conviction Strategies
Before conviction, key strategies to avoid deportation include[2]:
- Plea bargaining to non-deportable charges.
- Deferred adjudication to avoid formal conviction.
- Securing pretrial diversion or dismissal of charges.
- Contesting deportability of charges using immigration law arguments.
The goal is preventing any conviction triggering deportation in the first place.
Post-Conviction Relief
After a conviction, options to undo deportation consequences include[3]:
- Appealing the conviction or sentence.
- Vacating the conviction based on legal error.
- Pardons or expungement to eliminate the conviction.
- Contesting removal proceedings on the merits.
- Applying for asylum or other relief from removal.
This aims to eliminate the conviction or mitigate its impact on deportation.
Seeking Discretionary Relief
Non-citizens can also seek favorable discretion from immigration judges or officials to stop deportation[5]. Options include:
- Cancellation of removal for long-term residents.
- Adjustment of status to a lawful permanent resident.
- Waivers for crimes like simple possession or moral turpitude.
These require showing positive equities like family ties, steady employment, and rehabilitation.
Role of Criminal Defense Counsel
Criminal defense lawyers have an essential role in advising non-citizen clients on avoiding immigration pitfalls. Duties include[2]:
- Assessing immigration consequences of charges.
- Crafting pleas to prevent deportation.
- Preserving avenues for post-conviction relief.
- Connecting clients to immigration counsel if necessary.
- Educating prosecutors and judges on potential immigration impacts.
Early involvement of knowledgeable criminal counsel is key.
Conclusion
Facing criminal allegations puts non-citizens at risk of losing their legal immigration status. But skilled criminal defense lawyers know how to navigate cases to avoid immigration catastrophes through smart negotiation, litigation strategies, and discretionary relief. With proper advice and advocacy, many immigrants can resolve criminal charges without being deported.
Citations
[1] Crimes Committed by Non-Citizens in New Jersey: What can Get You Deported
[3] How to Remove a Criminal Record and Avoid Deportation
[4] NJ Attorney General’s Immigrant Trust Directive
[5] Can You Fight Deportation as a ‘Criminal Alien’?