Padilla v. Kentucky- Implications For Immigrants Accused of Crimes

In Padilla vs. Kentucky, the Supreme Court granted immigrants facing removal proceedings and detention, rights and protections that were much anticipated and welcomed by Immigration Lawyers across the United States. This new ruling now requires Defense Attorneys to properly advise their immigrant clients of the potential immigration consequences of pleading guilty to a crime.

Often-times, Permanent Residents (green card holders) initiate their own deportation proceedings when they engage in plea bargaining to secure a less serious punishment for a crime. As a result, thousands of individuals who were legal Permanent Residents, have been deported after such convictions.

Padilla vs. Kentucky means immigrants who enter plea agreements must be aware all of the consequences involved and therefore there is a requirement that Defense Attorneys know more than just criminal law. They now have to understand the dire immigration consequences of a crime.  Immigrants should know that their admissions to guilt can potentially cause separation from their family and/or remove them from the United States indefinitely.

It is common knowledge that all citizens, including immigrants, have a right to competent legal counsel. Padilla vs. Kentucky expands on the meaning of "competent legal counsel" because this case tells us that not getting the proper warnings means the accused did not get effective counsel.

On April 6th, 2011, The Third District Court of Appeals in Florida, held that generic warnings about the possibility of deportation are not sufficient to cure prejudice in a mandatory deportation case -- immigrants must be warned with specificity. The Court also held that Padilla cannot be applied retroactively in post-conviction proceedings (Hernandez v. Florida). Under this holding, it means that those who did not get "competent legal counsel" before Padilla will not have a remedy.

If you are an immigrant facing criminal charges it is a very good idea to hire both an Immigration Attorney and a Criminal Defense Attorney or at least have your Criminal Defense Attorney consult with an Immigration Attorney.

Smith & Stephenson LLP resolves immigration concerns for individuals and businesses. We are a full-service Immigration Law Firm and represent clients in all areas of immigration law, including family based petitions and employment based immigration. If you have immigration questions, we have answers. You can call our Law Offices 24/7 at (212) 400-7147. Our Immigration Law Firm is located in New York, New York. Our firm serves primarily clients from the Tri-state area, however, we offer telephone consultations and we can help clients all over the United States and throughout the world.