804+pp.; 2nd ed. 2020-2021
(Includes 2023-24 supplement)
Summary of Contents
- Introduction
- 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 Substances Offenses
- Miscellaneous Offenses
- Client Communications, Case Strategy, and Practice Management Tips
- Plea Negotiations
- ICE Detainers
- Postconviction Relief for Noncitizens
Appendices
Table of Cases
Table of Statutes, Regulations, and Rules
Index
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
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About the Authors
About the Supplement Authors
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