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7/6/2010
1
SEJAL ZOTA
G A O A S C A S
Introduction to Federal Immigration Law
1
IMMIGRATION LAW SPECIALIST
JUNE 22, 2010
School of Government 2010
Topics
Immigration trends in NC
Basics of immigration law & removal
Immigration/criminal justice system crossover
2
issues
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Question 2
Is defense counsel constitutionallyobligated to inform a noncitizen criminal defendant whether his guilty
l i i k f d t ti ?
3
plea carries a risk of deportation?
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7/6/2010
2
Please make your selection...4
1. Yes
2. No
3. Only if the noncitizen
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3 ydefendant asks about deportation
4. Don’t ask me, ask defense counsel
Padilla v. Kentucky
5
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Defense counsel is constitutionally obligated to provide affirmative, competent advice about deportation consequences to noncitizen defendants
Factor in Plea Negotiations? 6
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3
7
How does Padilla affect District Court Judges?
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Immigrants in NC
8
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Number of Foreign-Born Persons in NC
400 000
500,000
600,000
700,0009
0
100,000
200,000
300,000
400,000
1990 1995 2000 2005 2008
Number of Foreign-Born Persons in NC
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7/6/2010
4
NC Immigrants, by region of origin, 200810
Europe11.5%
Africa5.1%
North America
2.4%
Oceania0.6%
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Latin America
59.4%
Asia20.9%
Countries of Origin
England
Scotland
Ireland
Austria
France
Germany
N th l d
Romania
Russia
Ukraine
Bosnia and Herzegovina
Yugoslavia
China
Cambodia
Indonesia
Laos
Philippines
Thailand
Vietnam
I
Somalia
South Africa
Ghana
Liberia
Nigeria
Australia
N Z l d
Costa Rica
El Salvador
Guatemala
Nicaragua
Panama
Argentina
B li i
11
Netherlands
Greece
Italy
Portugal
Spain
Croatia
Czechoslovakia
Hungary
Poland
China
Hong Kong
Taiwan
Japan
Korea
Afghanistan
Bangladesh
India
Iran
Pakistan
Iraq
Israel
Lebanon
Syria
Turkey
Armenia
Ethiopia
Kenya
Egypt
New Zealand
Barbados
Cuba
Dominican Republic
Haiti
Jamaica
Trinidad and Tobago
Mexico
Bolivia
Brazil
Chile
Colombia
Ecuador
Guyana
Peru
Uruguay
Venezuela
CanadaSchool of Government 2010
Question 312
What is a “green card?”
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7/6/2010
5
Please make your selection...13
1. A card carried by all immigrants
2. Documentation of status for permanent
School of Government 2010
residents
3. A card carried by all budding environmentalists
4. Pardon my ignorance, but I don’t know
U.S. Immigration Framework14
NONCITIZENS
LAWFUL PERMANENT RESIDENT (green card
holder)
Family-
REFUGEE/
ASYLEE NONIMMIGRANT
Tourists
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a ybased
Employment-based
Refugee/Asylee
Diversity Lottery
Other
Business Visitors
Students
Temporary Workers
Other
Permanent Resident Card15
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16
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Unauthorized Immigrants
2 main groups Entered without inspection/authorization
Visa overstays
17
y
350,000 in NC (2008, Pew Hispanic Center)
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Question 4
Noncitizens can be deported for many reasons, including:
18
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7
Please make your selection...19
1. Certain criminal convictions
2. Entering the US without authorization
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3. Singing badly on American Idol
4. All of the above
5. Both 1 & 2
Agencies that Administer & Enforce Immig Law
Dept of Justice• Oversee
immigration courts• Authority over
questions of law
Dept of State• Visa processing
outside of US
20
Immigration Enforcement
and
Regulation
Dept of Homeland Security• ICE, CBP, USCIS
Dept of Labor• Employment-
based immigration
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Department of Homeland Security
Department of Homeland
Security
21
Security
Customs and Border Protection (CBP)
Immigration and Customs Enforcement (ICE)
Citizenship and Immigration Services (CIS)
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8
Intersection of Immigration & Criminal Justice Systems
Pre-Trial Jail Criminal Court Prison/Jail•Criminal Charges•Bail•Disposition?•Court advisal•Padilla warning
•287(g)•Secure Communities•Immigration hold- 48 hour rule•G.S. 162-62
•Cooperation with DHS•Early release for Removal•Institutional
Police Stop/Arrest Probation•Can they ask about immigration status?•NCIC database
Institutional Removal Program
Coordination with DHS
22School of Government 2010
Question 5 23
What is the 287(g) program?
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Please make your selection...24
1. It allows local officers to identify, detain, and deport noncitizens
2 A new reality show
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2. A new reality show
3. A tax credit for trading in a gas guzzler
4. I don’t know
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Counties with 287(g)25
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26
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Noncitizen can be questioned about legal status at jail
27
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10
Secure Communities28
Pilot program in several states Including NC
Provides jails with equipment to check immigration t t f i t
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status of inmates
Alerts ICE of immigration violations
Immigration Hold29
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Intersection of Immigration & Criminal Justice Systems
Pre-Trial Jail Criminal Court Prison/Jail•Criminal Charges•Bail•Disposition?•Court advisal•Padilla warning
i i
•287(g)•Secure Communities•Immigration hold- 48 hour rule•G.S. 162-62
•Cooperation with DHS•Early release for Removal•Institutional
Police Stop/Arrest Probation
•Post Conviction
•Can they ask about immigration status?•NCIC database
Institutional Removal Program
Coordination with DHS
30School of Government 2010
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11
Court Advisal31
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Removal Proceedings
What are removal proceedings?
What happens to immigrants after they are taken into c stod b ICE?
32
taken into custody by ICE?
How are immigrants deported?
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Stewart Detention Center33
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Removal Procedures34
Removal Procedures
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Immigration Court
Atlanta
(if detained)
Charlotte
(if on bond)
StipulatedRemoval
Institutional Removal Program
Central Prison Raleigh
Questions or Comments?
Sejal Zota
919.843.8404
35
School of Government 2010