In 2010, the Supreme Court recognized in Padilla v. Kentucky, 559 U.S. 356 that criminal defense counsel have an affirmative duty to advise a non-citizen client about the deportability consequences for accepting a guilty plea with failure to do so being malpractice. Shortly thereafter, amended federal and state rules of criminal procedure required defense attorneys to warn their non-citizen clients about additional immigration-related consequences of a conviction.
Understanding the immigration consequences for criminal behavior is critical not only for individuals expecting to go into criminal defense, but also those students who want to practice immigration law, become prosecutors, work on public policy, join the judiciary, seek elected office, and really, meaningfully be able to participate in discussions regarding comprehensive (and so far elusive) immigration reform.
In this course, students will explore the intersection of how race, poverty, national security, demographics, and crime have influenced the historical and legal developments in immigration law with special attention focused on deportability, admissibility, eligibility to naturalize, bond, mandatory detention, waivers, relief from deportation, and more. Students will learn how to appropriately analyze criminal statutes and regulations using the most current (and always evolving) framework and apply this in multiple immigration postures.
No prior knowledge of immigration law is required, though it is helpful.
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