Tag: Padilla vs. Kentucky

Historically, “immigrants facing deportation are not provided an attorney if they cannot afford one.” But across the country, municipalities are taking steps to improve access to counsel for those who otherwise would be forced to proceed in immigration court alone. Cities are establishing programs to provide free legal assistance for immigrant detainees. In June, New […]

The highest court in New York ruled on Tuesday that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court noted that “deportation is a plea consequence of such tremendous importance, grave impact and frequent […]

Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes. Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation […]