Immigration Consequences of Wisconsin Criminal Offenses

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  • Criminal Law
  • Immigration Law
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Published by: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-610-6 804+pp.; 2nd ed. 2020-2021 (Includes 2023-24 supplement)
Immigration Consequences of Wisconsin Criminal Offenses

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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.

The 2023–24 supplement includes a number of changes such as:

  • Updates regarding temporary protected status (TPS) for foreign nationals from various countries, and updates to the Deferred Action for Childhood Arrivals (DACA) program
  • An April 2021 Department of Homeland Security memorandum containing new guidance that governs courthouse immigration arrests
  • Recent opinions issued by various state courts considering whether criminal defense attorneys have a duty to investigate the immigration status of a client
  • Analysis of a newly enacted statute, Wis. Stat. § 943.231, concerning the crime of carjacking
  • A 2023 U.S. Supreme Court decision addressing whether an offense can be an aggravated felony on the grounds that it is “related to” obstruction of justice if the elements of the offense do not require that an investigation or judicial proceeding be ongoing

The 2020-2021 revision includes a number of changes such as:

  • A 2021 U.S. Supreme Court decision that highlights the importance of creating a clear and limited conviction 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 applicants 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

  1. Introduction
  2. Substantive and Procedural Differences Between Immigration and Criminal Law
  3. Defense Counsel’s Sixth Amendment Duty Under Padilla
  4. ICIDA: A Structural Framework for Analyzing the Immigration Consequences of Criminal Offenses
  5. ICIDA: An In-Depth Analysis of the Immigration Consequences of Criminal Offenses
  6. Case Examples: Employing the ICIDA Approach
  7. Operating Offenses
  8. Crimes Against Life and Bodily Security
  9. Crimes Against Public Health and Safety
  10. Crimes Against Property
  11. Crimes Against Government
  12. Crimes Against Children
  13. Controlled Substances Offenses
  14. Miscellaneous Offenses
  15. Client Communications, Case Strategy, and Practice Management Tips
  16. Plea Negotiations
  17. ICE Detainers
  18. Postconviction Relief for Noncitizens

Appendices

Table of Cases

Table of Statutes, Regulations, and Rules

Index

For an in depth view of the content in this book, please click to view Table of Contents.

State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.

About the Authors

About the Supplement Authors

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View Appendix I

View Appendix J

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