Protect Noncitizens charged with Criminal Offenses 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.
As defense attorneys and prosecutors alike know, the U.S. Supreme Court’s decision in Padilla v. Kentucky
requires noncitizen criminal defendants be advised 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 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 the 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 pleas strategies for each offense
Part 3: Practice Management and Practical Applications
- Advise 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 2020-2021 second edition includes a number of changes such as:
Press release for the book - New Legal Book explores Immigration's Impact on Wisconsin Law
Read a review of this book
- A 2021 U.S. Supreme Court decision that highlihgts the importance of creating a clear and limited convictions record to protect noncitizen clients in certain circumstances
A 2018 decision by the U.S. District Court for the Eastern District of Wisconsin that discusses the parameters of criminal defense attorneys' duty under Padilla v. Kentucky
Decisions by Attorneys General who served under former President Trump that introduce a new method of establishing a noncitizen's removability on aggravated-felony grounds, limit when immigration authorities will give effect to a state court's modification of an imposed sentence, and create a presumption against good moral character for some application for cancelation of removal
The newest ICE detainer form, revised in 2017, and changes to ICE's Secure Communities program that have affected cooperation between ICE and local jails regarding detention and removal of noncitizens
Summary of Contents
- Substantive and Procedural Differences between Immigration and Criminal Law
- Defense counsel's Sixth Amendment Duty Under Padilla
- ICIDA: A Structural Framework for Analyzing the Immigration Consequences of Criminal Offenses
- ICIDA: An In-Depth Analysis of the Immigration Consequences of Criminal Offenses
- Case Examples: Employing the ICIDA Approach
- Operating Offenses
- Crimes Against Life and Bodily Security
- Crimes Against Public Health and Safety
- Crimes Against Property
- Crimes Against Government
- Crimes Against Children
- Controlled Offenses
- Miscellaneous Offenses
- Client Communications, Case Strategy, and Practice Management Tips
- Plea Negotiations
- ICE Detainers
- Postconviction Relief for Noncitizens
Order your copy today!
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 appropriately take immigration consequences into consideration. It’s an essential resource for any lawyer dealing with criminal defendants.
Limited time special offer – savings of 15%, use promo code B5904 at checkout! Offer ends June 30, 2022