Defense Lawyers Need Help on Immigration Issues
by JUAN MAYORAL
The annual spring conference of the Oregon Criminal Defense Lawyers (OCDLA) focused on the complex problems encountered by immigrant clients facing criminal charges.
Under the 1996 federal Immigration Reform Act, immigrants are routinely deported for offenses that would be considered minor criminal offenses for a citizen. An attorney unfamiliar with immigration law might advise a guilty plea, presuming the penalties to be minor for such an infraction, but the actual penalty imposed would include deportation.
ACLU helped plan the OCDLA plenary session on immigration issues so that Oregon defense attorneys could better understand the issues involved.
In addition, Oregon ACLU Executive Director, David Fidanque moderated a panel of immigration experts from around the country. Panel members included: Juan Jose Gutierrez, Executive Director, One Stop Immigration, Los Angeles; Rene Valladares, Chief, Federal Public Defenders Office, Las Vegas, who recently published a book entitled "Cultural Issues in Criminal Defense"; Michael Muniz, Immigration Attorney, Salem, Oregon; and Linda Ramirez, Criminal and Immigration defense attorney, Portland, Oregon.
To expand on the work we started at the OCDLA conference, the ACLU is entering discussions with State officials and local community based organizations on solutions to the difficulties experienced by immigrants in the justice system. We are discussing the possibility of creating a fund allocated by the state for indigent defendants who have immigration concerns and providing attorneys with information on immigration issues.
In addition, we are exploring the possibility of changing the process the justice system uses when admitting a person accused of a crime into the system. One of the solutions under discussion is screening cases for immigration concerns at the time the defendant enters the criminal justice system. This screening process would review the case for possible immigration consequences and alert the criminal defense attorney if the person has immigration issues to consider before any plea agreement should be reached.
The complexity of the naturalization system creates roadblocks to justice that are often hidden from immigrants - and their lawyers. This fact, combined with the knowledge that immigration populations are often marginalized by virtue of language, poverty and racial issues, makes immigration a topic that promises to continue to be a challenge for the ACLU of Oregon and all Oregonians concerned with creating a more just and fair system.