Being arrested as a foreigner or as a non-citizen in the United States of America can be very overwhelming and disheartening. It also cannot be overlooked as it requires an individual to prepare to deal with the likely repercussions of the U. S criminal justice system and equally worry about the chances of being deported or removed from the United States. In such situations, non-citizens think about whether or not they should inform their immigration status to their attorney, however, if their attorney is a public defender, then he or she was appointed to defend such people in the court due to low income.
Your Defense Attorney Is on Your Side
You can have a public defender fighting for your interests. They must work to protect your rights and avoid reporting your immigration status to ICE. Your attorney is bound by client-attorney privilege, so your information remains confidential unless you give consent to share it.
Undocumented Immigrants Are Entitled to a Public Defender in Criminal Proceedings
If you’re an immigrant with low income involved in criminal cases in the U.S., you qualify for free legal help. While you may receive legal assistance for criminal and immigration issues, you still need to hire a lawyer. Your public defender must represent you diligently and cannot withdraw due to your immigration status. They have a constitutional duty to protect your interests.
Why Your Public Defender Needs to Know Your Immigration Status
In essence, the implications of a criminal conviction for non-citizens must be something that is understood. When an immigrant is convicted of a criminal offense, he or she will likely be expelled from the United States. However, A criminal offense doesn’t automatically lead to removal, as it depends on the type of charge, conviction, and sentence.
As an undocumented immigrant, you face removal risks due to your illegal status, though seeking asylum might help. However, a criminal record significantly reduces your chances.
Getting acquitted or having charges reduced can be tough due to complex legal systems, but your public defender can help. They will assess your charges to see if dismissal is possible or negotiate with prosecutors to lessen the impact on your immigration status.
The Role of Immigration Court
You might get arrested and tried for a crime before your immigration status becomes clear. Only after facing the state criminal court judge might you receive a Notice to Appear (NTA) before an immigration court judge from the Executive Office for Immigration Review (EOIR). This judge will decide if you should stay in the U.S. or be removed and consider your legal defense.
At this stage, you’ll have a public defender, but you’ll need to hire an immigration lawyer for additional help.
Types of Crimes That Lead to Inadmissibility
Their conduct may lead to inadmissibility, so your public defender must keep your records safe. Grounds for inadmissibility include crimes like narcotics offenses, controlled substances, prostitution, or money laundering violations. Federal immigration law defines “conviction” more broadly than state law, so even a plea bargain with a suspended sentence can be treated as a conviction under immigration law. Inform your public defender about these details to ensure you receive proper assistance.
Legal Obligations and Responsibilities
Your public defender may sometimes have other legal responsibilities as provided by the law given your immigration status. For instance, in common situations where mandatory deportation is almost certain in case of a guilty verdict, your public defender has the responsibility of notifying you of the same upon being hired. In addition to this, they should notify you of other impacts of immigration where the law has not well-defined deportation.
Ideally, your public defender should be in touch with your immigration lawyer to ensure that whatever happens is the best thing to do if and when you enter removal proceedings since it is almost impossible to reduce the reprieves of a criminal record.
So, in a nutshell, it is crucial to notify your public defender of your immigration status. Your attorney is dedicated to being your voice and will do everything in his or her power to battle for your rights and see to it that your immigration status is kept secret. They ensure that they are effectively able to go through the legalities involved in your case and try to work towards the best that can be achieved. It is important to know that although the U. S legal system has established that the defendants have the right to representation and protection regardless of their immigration status.
