Immigrants accused of crimes often held for months and face deportation

March 13, 2014

Immigrants accused of crimes often held for months and face deportation

Article provided by Law Offices of Mark A. Davis
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For any individual, getting charged with a crime can be a serious matter. If you are an immigrant to this country, the stakes are particularly high. Even a relatively minor offense can affect the status of your visa, can make you ineligible for citizenship or permanent residency, and, in some cases, can lead to deportation.

According to ICE data, last year 82 percent of the agency's deportations concerning individuals apprehended in the interior of the country were based on previous convictions for a criminal offense. In total, that accounts for 109,512 removals. In addition, many of those awaiting deportation languish in a detention facility for weeks or even months while officials work through the paperwork required for a removal action.

Immigrants convicted of crimes can be detained for years before being deported

For an immigrant accused of committing a crime, it can be a costly mistake to fail to recognize the importance of exercising every right afforded by the criminal justice process. Criminal defense for immigrants is critical.

Those queued in the deportation line can face a lengthy wait. In one particularly egregious instance, a Cuban national has been held for over 18 years awaiting deportation because Cuba has refused to take him back. Even in less severe cases, passport delays and other types of red tape can mean excessive time spent behind locked doors before eventual deportation. According to federal records, the average time spent in confinement for an immigrant taken into custody is 30 days.

The 30 day average is admittedly an improvement over the average of more than 80 days that prevailed less than two years ago in September of 2012. Even so, many of these stays are based on crimes that for citizens would result in little more than a ticket and an immediate release.

According to a recent ABC news report, one immigrant who had been living in the United States without papers was detained for driving without a license -- a relatively minor traffic offense that would result in only a ticket for most Americans -- after a traffic stop. He was released from confinement after a week and a half, but has been monitored via an electronic ankle bracelet for more than three years while challenging the deportation action against him.

Defend yourself with the help of an experienced criminal defense attorney

Essentially indefinite confinement and eventual deportation could await noncitizen immigrants who are convicted of drug crimes, firearms offenses or any number of other criminal charges. It is essential for immigrants to vigorously defend against criminal charges, and to do so with the aid of a criminal defense attorney experienced in immigration. Even a seemingly attractive plea deal that offers a vastly reduced sentence in exchange for a guilty plea could be a poor choice for an immigrant who would face detainment and deportation regardless of the actual sentence imposed for an offense.

If you are an immigrant charged with a crime, or if you have an immigrant family member who has been charged with a crime, you need a strong legal defense. Get in touch with an attorney who is experienced in criminal defense for immigrants.