New Jersey Supreme Court Rules on Immigrant Rights in Criminal Proceedings

In a ruling issued last month by the highest court in New Jersey; the N.J. Supreme Court concluded that legal immigrants must completely understand the deportation consequences of pleading guilty to violent crimes or sexual abuse of a minor. In a 6-1 decision, the Justices concluded that the defendant, Jose Nunez-Valdez, did not understand the immigration consequences resulting from his plea of guilty to fourth-degree criminal sexual contact. This is a continuing problem in criminal courts because criminal defense attorneys themselves do not understand immigration law and its impact on criminal proceedings. Clients’ are pressured to take the deal on the table but do not understand that taking the deal will land them in federal custody and result in deportation. There have been cases where pleading guilty to a lesser count or even a misdemeanor has placed immigrants in deportation proceedings. In an effort to apprise every defendant of the immigration consequence of pleading guilty, the Supreme Court has ordered that legal forms be changed to make it clear to those pleading guilty that they will be deported. Due diligence by criminal defense attorneys and judicial intervention such as this will go a long way in protecting immigrant and their legal rights.

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