Articles Tagged with deportation

A criminal conviction can have a life changing and potentially devastating impact on anyone. However, under federal law, certain offenses are considered deportable, including controlled substance offenses, crimes of moral turpitude, and aggravated felonies. So, for noncitizens, a criminal conviction brings with it potentially very grave collateral immigration consequences. In many instances, the individuals who are convicted of qualifying offenses, have spent their entire adulthood in the United States, have build their lives and have families here, and have no other place they would call home. Yet, following a criminal conviction, noncitizens face the threat of ending up in immigration court to face a potential removal and deportation to a strange country and permanent separation from their families.

Fortunately, in light of the adverse immigration consequences noncitizens face, some district attorneys are starting to adjust their offices’ immigration-related policies, including the Los Angeles District Attorney, George Gascon. On December 6, 2022, Mr. Gascon issued a new special directive outlining the new immigration policies of the LA District Attorney’s Office, which, among other things, is aiming to address the overly punitive consequences accused noncitizens could face.

First, according to the new policy, prior to when a charging decision is made, any person who is under investigation or their attorney, can present information demonstrating the potential adverse immigration consequences that could follow. In such cases, all charging determinations by the DA office should be made with the goal of avoiding or mitigating any adverse consequences a charge could have, and if there are possible alternatives to charges being filed, the DA office should pursue those alternatives. In addition, the new policy encourages prosecutors to expand the use of pretrial diversion programs that do not require an admission of guilt.

If you are living in California on a visa, as a permanent resident, or you are undocumented, a criminal charge or conviction can have severe consequences on your immigration status. However, some crimes minimally impact immigration status. Suppose you have been charged with a crime in California. In that case, it is essential to speak with a qualified immigration attorney who can explain how your immigration status will be impacted if you are convicted.

The Importance Of Hiring A Criminal And Immigration Law Attorney

Your California criminal conviction can directly impact whether you are deported and whether you can return to the United States in the future. Hiring an attorney with a strong understanding of federal and state criminal and immigration laws can significantly improve the outcome of your particular situation.

Just over a week ago, Vermont Senator and presidential candidate Bernie Sanders tweeted a sad Thanksgiving message reminding voters that thanks to immigration policies in the U.S., not all families get to spend Thanksgiving together. Sanders had just released an immigration plan two days prior to the tweet, which calls for policies that reform detention programs and deportation, welcome immigrants into our country, and provide a “legislative roadmap to citizenship” for immigrants. According to the article at Bustle.com, there are currently 11 million undocumented immigrants in the United States.

Sanders’ plan supports uniting families instead of tearing them apart. According to his website, Sanders believes we are a nation of immigrants. As the son of an immigrant, Sanders’ father came to the U.S. from Poland, completely broke. Sanders says that his family’s story is an example of the story of America, one in which families come to the U.S. to work hard and provide a better future and freedom for their children. In his plan, Sanders wants to bring back undocumented immigrants who have been deported if they have immediate family living in the country; this is according to USA Today.

Sanders’ plan includes six specific reforms designed to assist immigrants, which some have called radical. Among these reforms Sanders wants to respect local communities while making certain our border remains secure, dismantle detention centers and deportation programs which he calls “inhumane,” help the 11 million undocumented immigrants in the U.S. obtain citizenship via a fair and swift legislative roadmap, and reverse the criminalization of immigrants while making access to justice easier.

Contact Information