Friday, February 6, 2015

Live From Denver: Immigrants & The State Criminal Justice System

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Check out this good-looking panel, the final one from today's crimmigration conference at DU. Their topic: immigration and the state criminal justice system.

  • César Cuauhtémoc García Hernández (DU) spoke about the fact that migrants' immigration status often put them in the crosshairs of state and local law enforcement, which helps explain how states have driven up federal civil detention numbers.
  • Annie Lai (Irvine) spoke about "proxy criminalization" at the state and local level - noting how states often deny drivers licenses to unauthorized migrants and simultaneously enforce misdemeanors for driving without a license. 
  • Rebecca Sharpless (Miami) spoke about how we have difficult rules for determining what crimes trigger removal, although they have become more determinate and predictable. Still, she argued, we would all benefit if the rules were simpler (such as a rule that a 5 year sentence would trigger removal), though we'll never get simplicity.
  • Stephen Lee (Irvine) spoke about Padilla 2.0 (how states should build on the 5 year experience with Padilla) and understanding criminal defense as consumer protection (protecting defendants as consumers of plea agreements with immigration consequences).

-KitJ

https://lawprofessors.typepad.com/immigration/2015/02/live-from-denver-immigrants-the-state-criminal-justice-system.html

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