In a landmark case, Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment to the U.S. Constitution required defense counsel to advise clients who plead guilty that conviction may result in deportation. The Court’s rationale was based on the premise that this information was vital to the client’s decision-making process. Even so, the Court declined to explore a more reliable ground for developing a narrower understanding of a client’s immigration status, particularly the potential effect of the status on common criminal prosecutions, for instance, assault or burglary. This paper submits that under current law, immigration status has a substantial effect on the criminal prosecution and sentencing of immigrants for everyday non-immigration related crimes.
Ivanov, Gleb, "Effects of Immigration Status on the Criminal Process" (2020). Hofstra Law Student Works. 17.