Trump today issued his list of priorities for deportation. They include any person who has been convicted of "any" criminal offense, charged with "any" criminal offense, or committed "any" criminal act. Is he serious? Littering? Jaywalking? Driving without a license? What he really means is that anybody who comes in contact with law enforcement is a priority. In other parts of his plan he announced today he instructs the federal government to try to deputize local law enforcement to become immigration officers. This will lead to distrust with local communities and law enforcement.
The main thing is that criminal defenders must preserve client's eligibility to fight their case in immigration court. Immigration law is very technical. If you plead guilty to some offenses you become ineligible to fight your case in immigration court. Other offenses which may be more serious will not lead to denial of relief in immigration court.
Everyone needs a collateral consequences letter from a criminal immigration attorney.
We need to fight back against this insane list of priorities.
Sec. 5. Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who:
(a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense, where such charge has not been resolved;
(c) Have committed acts that constitute a chargeable criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
(e) Have abused any program related to receipt of public benefits;
(f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or
(g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
