U.S. Supreme Court Protects Immigrant Rights

In an effort to protect noncitizens from incompetent counsel, the U.S. Supreme Court held in favor of the immigrant Petitioner, in Padilla v. Kentucky. In a 7-2 decision, the Justices held that criminal defense lawyers must advise their noncitizen clients of the harsh immigration consequences that can result from accepting a guilty plea. Justice Stevens wrote that the right to competent counsel, enumerated by the Constitution, extended to the collateral consequences of plea bargaining. The decision in this case confirms one of the basic tenets of our criminal justice system, competent legal advice. Criminal defense attorneys who do not have even a basic understanding of U.S. immigration laws fail to provide their clients with comprehensive advice. Admitting or pleading to any charge in the criminal justice system can turn around and have devastating consequence on the defendant’s immigration status in the United States. Therefore, it is important that every attorney who works with the immigrants in our country understand that the criminal justice system does not exist in a bubble and to act accordingly.

For more information read the New York Times article.