Getting arrested as a foreigner or non-citizen in the United States can feel overwhelming and disheartening. This situation demands that individuals prepare for the likely repercussions of the U.S. criminal justice system while also worrying about the possibility of deportation or removal. In these circumstances, non-citizens often consider whether to disclose their immigration status to their attorney. If their attorney is a public defender, that attorney has been appointed to represent individuals with low income in court.
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 a 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, non-citizens must understand the implications of a criminal conviction. When an immigrant is convicted of a criminal offense, they are likely to face expulsion 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.
How does confidentiality protect immigrants from retaliation
Confidentiality plays a crucial role in protecting immigrants from retaliation, particularly in the context of legal proceedings and immigration processes. Here are the main ways in which confidentiality safeguards immigrants:
1. Protection of Sensitive Information
- Personal Safety: Immigrants often share sensitive information with their attorneys, including details about their immigration status, personal history, and reasons for seeking legal assistance. If someone disclosed this information, it could jeopardize their safety, particularly for those fleeing violence or persecution in their home countries.
- Preventing Harm: Confidentiality ensures that aggressors or individuals who may wish to retaliate do not gain access to information that could expose the immigrant’s legal actions or whereabouts.
2. Encouraging Disclosure and Cooperation
- Trust in legal representation is crucial for immigrants. When they believe their information will remain confidential, they are more likely to be open with their attorneys. This trust builds a strong legal strategy and ensures that all relevant facts are considered in the case.
- Access to Services: Confidentiality encourages immigrants to seek help from legal and social services without fear of repercussions. This is particularly important for victims of domestic violence or trafficking, who may otherwise hesitate to report crimes or seek assistance due to fear of deportation or retaliation.
3. Legal Protections Under VAWA
- Specific Legal Frameworks: Laws such as the Violence Against Women Act (VAWA) include specific confidentiality provisions that protect immigrant victims of domestic violence and other crimes. These provisions prevent abusers from using information obtained through legal processes to harm victims or undermine their immigration cases.
- Nondisclosure Provisions: VAWA protects immigrant victims by ensuring that their information remains confidential. These rules keep abusers from accessing this information and prevent its use against victims in immigration proceedings, thereby safeguarding their rights and safety.
4. Preventing Retaliation
- Shielding from Immigration Enforcement: Confidentiality helps protect immigrants from potential immigration enforcement actions based on information provided by abusers or other hostile parties. This is critical for ensuring that victims can pursue justice without fear of deportation or other punitive measures.
- Maintaining Anonymity: By keeping personal details confidential, legal representatives can limit access to an immigrant’s identity and situation, further reducing the risk of retaliation from those who might wish to exploit this information.
How does the disclosure of immigration status impact the ability to seek legal protection?
The disclosure of immigration status significantly impacts an immigrant’s ability to seek legal protection in various ways. Here are the key points on how this disclosure affects their situation:
1. Trust and Open Communication
- Building a Strong Defense: When non-citizens disclose their immigration status to their legal defenders, it fosters a trusting relationship. This trust is crucial for effective legal representation, as it allows clients to share all relevant details about their cases without fear of repercussions. Open communication enables attorneys to craft a comprehensive legal strategy tailored to the client’s specific circumstances.
2. Protection Against Retaliation
- Safety Concerns: Many immigrants may be fleeing dangerous situations, such as violence or persecution. Disclosing their immigration status allows defenders to implement protective measures and strategies that safeguard the client from potential retaliation by aggressors or authorities. Confidentiality ensures that sensitive information does not fall into the wrong hands, which could jeopardize the safety of the immigrant or their family.
3. Legal Obligations and Ethical Responsibilities
- Duty of Representation: Legal defenders, including public defenders, have a constitutional duty to represent their clients diligently. Understanding a client’s immigration status is essential for fulfilling this duty effectively, particularly when criminal charges could lead to deportation or other immigration consequences. Attorneys are bound by client-attorney privilege, which means they cannot disclose information without consent unless required by law.
4. Navigating Immigration Consequences
- Understanding Implications: Non-citizens must disclose their immigration status so that their attorneys can fully understand the potential immigration consequences of any legal actions taken. For instance, certain criminal convictions can lead to deportation; thus, knowing the immigration status helps attorneys provide informed advice and develop strategies to mitigate risks.
5. Accessing Appropriate Legal Resources
- Holistic Legal Support: Disclosure enables legal representatives to coordinate with immigration attorneys when needed, ensuring comprehensive attention to both criminal and immigration issues. This coordination is particularly crucial for individuals facing simultaneous criminal and immigration proceedings.
6. Confidentiality Protections
- Legal Protections Under VAWA: The Violence Against Women Act (VAWA) includes confidentiality provisions that protect immigrant victims from having their information shared with abusers or used against them in immigration proceedings. This legal framework offers additional security for individuals disclosing sensitive information about their immigration status.
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 situations where mandatory deportation is nearly certain following a guilty verdict, your public defender must inform you of this risk as soon as they are 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 committed to being your voice, fighting for your rights, and protecting your immigration status and confidentiality. They navigate the legal complexities of your case and strive to achieve the best possible outcome for you. 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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a U Visa or T Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
