Criminal Defense Lawyers

Immigration Status And Its Role In New Jersey Criminal Cases

Immigration Status and Its Role in New Jersey Criminal Cases

Immigration status can play a major role in criminal cases in New Jersey. As an immigrant myself who went through the system after a minor offense, I learned first-hand how confusing and scary it can be when your resident status is on the line. So I wanted to write this article to help explain how it works and what to expect if you’re an immigrant caught up in the criminal justice system here.

How Immigration Status Can Impact a Criminal Case

If you’re not a US citizen and you’re arrested for a crime in New Jersey, your immigration status can have a huge impact on your case. Here’s some of the main ways it can come into play:

• Bail and Detention – If ICE (Immigration and Customs Enforcement) places a “detainer” on you, the court may deny bail because of concerns you’ll be deported before trial. You could end up detained much longer than a citizen would.
• Plea Deals – Prosecutors may offer better plea bargains if they know you’re worried about immigration consequences. Many immigrants take deals just to avoid deportation.
• Sentencing – Judges can consider immigration status in sentencing. Citizens often get probation, while immigrants can be deported.
• Immigration Detention – After serving criminal sentences, immigrants are often detained by ICE for deportation. So you may face more total time in custody.
• Discretion – Prosecutors have wide discretion over charges and pleas. They may offer citizenship-based leniency, or threaten immigration consequences.

So basically, the court system has a lot of ways to use immigration status against defendants. And it can really impact the outcomes of cases.

Immigration Consequences of Criminal Convictions

One of the biggest things that can hurt immigrants in criminal cases are the immigration consequences of certain convictions. Under US law, some crimes make immigrants automatically deportable or inadmissible. These include:

• Most drug offenses (even simple possession)
• Theft
• Burglary
• Crimes involving “moral turpitude”
• Crimes with 1+ year sentence

There are also other crimes that give immigration judges the discretion to order deportation. And any crime can be used against you if ICE claims you’re a “risk to public safety.

“So any conviction on your record can put your resident status at risk. That’s why it’s so important to understand these consequences before pleading guilty. I learned this the hard way myself unfortunately!

Getting an Immigration-Safe Plea Deal

Because immigration laws are so complex, the best thing is to get an attorney who understands these issues. They can negotiate a plea deal that avoids automatic deportation triggers.

Some common strategies include:

• Plead down to a lesser offense – For example plead to disorderly conduct instead of drug possession.
• Avoid 1 year sentence – A sentence under 1 year can prevent deportation for some crimes.
• Plead to a non-removable charge – Some minor offenses like trespassing don’t trigger deportation.
• Alternative programs – Pretrial intervention and diversion programs don’t count as convictions.
• Immigration-neutral pleas – Some pleas like “obstructing a public passage” don’t specify removable acts.
• Vacate original plea – You may be able to withdraw an uninformed plea and negotiate a safer one.

With an experienced attorney, many immigrants can plead guilty while still preserving their resident status and avoiding deportation. Don’t be afraid to advocate for yourself!

Fighting Criminal Charges to Avoid Immigration Problems

Another option is to fight the criminal charges entirely to avoid immigration issues. Common strategies include:

• File suppression motions – If evidence was obtained illegally, it can be suppressed and the case dismissed.
• Challenge probable cause – Weak probable cause may lead to dropped charges.
• Raise procedural violations – Mistakes in arrests or Miranda warnings can invalidate charges.
• Dispute eyewitnesses – Shaky witness accounts can create reasonable doubt.
• Present affirmative defenses – Self-defense, insanity defenses, etc. may defeat charges.
• Go to trial – Defeating charges at trial eliminates immigration consequences.

While trials are risky, they are sometimes the best option for avoiding deportation. An acquittal keeps your record clean.

Using Immigration Status as a Defense Strategy

Another approach is to lean into your immigration status and use it strategically as part of your defense. Some possibilities include:

• Cultural defenses – You may have valid cultural reasons for the alleged crime.
• Trauma-based defenses – Trauma from your home country could help explain actions.
• Lack of criminal sophistication – You can argue you lacked criminal intent due to cultural barriers.
• Vulnerable victimization – As an immigrant, you may have been unfairly targeted by police.
• Collateral consequences – Judges may show leniency knowing the severe consequences you already face.

While not guaranteed to work, asserting your immigrant status and disadvantages may garner some sympathy from prosecutors or judges. It’s worth a shot when the stakes are so high.

Understanding the Role of ICE and Deportation

Immigration and Customs Enforcement (ICE) plays a big role in many criminal cases involving immigrants. Here are some key things to know:

• ICE detainers – ICE can place detainers to take custody after criminal cases end.
• Check-ins – ICE may require regular check-ins during your criminal case. Missing one can lead to immediate deportation.
• ICE’s role – They provide information on defendants and may advocate for detention and deportation.
• Deportation – After serving criminal sentences, ICE will likely deport you unless your attorney intervenes.
• Expedited removal – ICE can fast-track deportation while criminal charges are pending, with limited rights to fight it.
• Immigration detention – ICE facilities have awful conditions and limited access to counsel.
• Re-entry bars – Deportation can bar you from re-entering the US for 5-20 years.

Understanding how ICE operates and trying to avoid deportation is critical for immigrants in the criminal justice system.

Tips for Immigrants Facing Criminal Charges

If you’re an immigrant dealing with criminal charges in New Jersey, here are some important tips:

• Get an immigration-savvy criminal defense attorney – Don’t rely on a public defender who likely lacks immigration expertise. It’s worth paying for a lawyer who understands these issues.
• Understand your exact charges – Make sure you know precisely what criminal statutes and acts you’re being accused of so you can assess immigration consequences.
• Don’t discuss your case with anyone except your lawyer – Anything you say to cellmates, guards, police, etc. can come back to hurt you.
• Don’t accept any plea deals without assessing immigration impact – Make sure your lawyer walks through every consequence before accepting a guilty plea.
• Request an immigration-safe plea – Explore options like pleading down, alternative programs, vacating pleas, etc. that mitigate immigration fallout.
• Consider fighting your criminal case – While risky, an acquittal may be your best bet for avoiding negative immigration outcomes.
• Get your immigration lawyer involved – Contact your immigration attorney to understand your exact resident status issues.
• Know your rights – Learn your rights regarding ICE, deportation, immigration detention, required check-ins, and re-entry bars.

The intersection of criminal and immigration law is complex. But educating and advocating for yourself as much as possible gives you the best chance at the fairest outcome.

Conclusion

Immigration status plays a huge role in criminal cases in New Jersey. The criminal justice system has many tools to use your status against you, resulting in unfair outcomes. Learning how to mitigate immigration consequences through informed pleas or fighting charges gives immigrants the best chance at avoiding deportation. The key is getting experienced criminal and immigration attorneys on your side. Don’t be afraid to assert all your rights and defenses. With knowledge and perseverance, many immigrants can still prevail even when the deck seems stacked against them.