Immigration Consequences of Wisconsin Criminal Offenses
184+pp; 1st ed. 2015
Includes 2016-2017 supplement
Protect noncitizens from deportation
For noncitizens, a guilty plea, criminal charge, or conviction can mean much more than jail time – it can mean deportation and other serious immigration consequences. Noncitizen defendants in Wisconsin frequently plead guilty to offenses without fully understanding the ramifications.
The U.S. Supreme Court’s decision in Padilla v. Kentucky requires defense attorneys to advise their noncitizen clients of the potential immigration repercussions of pleading guilty to certain offenses.
However, determining the immigration consequences of a criminal offense is not always easy for a lawyer not familiar with immigration law. Immigration Consequences of Wisconsin Criminal Offenses helps defense attorneys do exactly that, providing a structural framework for analyzing the potential immigration impact of a particular offense. It also suggests strategies for avoiding or minimizing future immigration litigation.
Your guide to “crimmigration”
The book is divided into three sections designed to assist you in confirming that a defendant is a noncitizen, meeting your Sixth Amendment duty under Padilla v. Kentucky, and finding alternative pleas to prevent immigration issues.
Part 1: Immigration Law for Defense Attorneys
- The relationship between criminal offenses and immigration consequences (a link known as “crimmigration”)
- Common myths and misconceptions of crimmigration
- Scope of the Padilla v. Kentucky decision, including how it overturned Wisconsin case law
Part 2: Select Wisconsin Offenses
- In-depth analysis of the immigration consequences of approximately 80 select Wisconsin criminal offenses and plea strategies for each offense
Part 3: Practice Management and Practical Applications
- Advice for managing client expectations
- Options for a noncitizen who unwittingly pleads guilty to an inadmissible or deportable defense
- Explanations of appendix materials, including questionnaires, checklists, and sample language
The 2016-2017 supplement to this book reflects important statutory and case law developments, including:
- The implications of a 2017 executive order making certain noncitizens charged or convicted of any crime a top priority in immigration enforcement
- A 2016 Board of Immigration Appeals decision on circumstance-specific inquiry in determining if a conviction is a crime of domestic violence
- A discussion of whether the term “dangerous weapon” is indivisible
- A 2016 Board of Immigration Appeals decision replacing the three-part analysis for determining whether a crime involves moral turpitude
An important addition to your law library
Although immigration law may seem intimidating for those unfamiliar with it, Immigration Consequences of Wisconsin Criminal Offenses guides you through your duties under the Padilla decision and helps you craft deals that can help your noncitizen clients steer clear of severe immigration repercussions. It’s an essential resource for any lawyer dealing with criminal defense.
Order your copy today!