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Court Holds that Padilla v. Kentucky Does Not Apply Retroactively to Certain Convictions

 Chaidez v. United States, 568 U.S. ___, 133 S. Ct. 1103 (2013)

In a 7-2 decision written by Justice Kagan, the Court held that Padilla v. Kentucky, 559 U.S. 356 (2010), does not apply retroactively to collateral review of convictions final at the time of that decision.  Padilla found that a noncitizen could raise a claim of ineffective assistance of counsel under the Sixth Amendment if his criminal defense attorney failed to advise him of the immigration consequences of a guilty plea. In Chaidez, the Court found that its previous decision went beyond applying the existing standards for ineffective assistance of counsel claims in Strickland v. Washington, 466 U.S. 668 (1984). Because the preliminary question answered by the Padilla Court – whether the Sixth Amendment right to counsel encompassed advice about collateral consequences of convictions – was not settled at the time of its decision in 2010, it held that Padilla created a new rule of criminal procedure and thus did not apply in collateral challenges to past convictions under the principles set forth in Teague v. Lane, 489 U.S. 288 (1989).

The National Immigration Project of the National Lawyers Guild and the Immigrant Defense Project issued a Practice Advisory addressing efforts to obtain post-conviction relief under Padilla after the Chaidez decision.  

The case left many issues and arguments unresolved.

Justices Sotomayor and Ginsberg dissented.

 

Harsh Immigration Policies Push Latino Majority Into Federal Prisons

Published on Mon, Sep 12, 2011

Deportation is clearly not punishment enough for the Obama administration. Not only has President Obama deported more people in his tenure than in any of his predecessors, his administration is responsible for the most aggressive spike in federal prosecutions of immigration offenses. Now, Latinos are the majority of those who are sent to federal prison for felonies, according to a new report (pdf) from the U.S. Sentencing Commission.

The spike, other numbers show, has been driven in large part by the federal government’s aggressive prosecution of immigration offenses.

Where once people who were caught trying to enter the country without papers were allowed to opt for voluntary removal and kicked back across the border, today the federal government is choosing to file charges against people and incarcerate people before deporting them. It’s a profound enough change in policy that it’s changing the demographics of incarceration rates.

In the first nine months of the year Latinos were 50.3 percent of all those who were sentenced to federal prison for felony convictions. Blacks made up 19.7 percent and whites 26.4 percent. Latinos are just 16 percent of the general population though, according to the Census. This is the first year that Latinos have become the majority of those sent to prison for federal felonies.

The aggressive prosecutions are driven by a failed political strategy, immigration experts say. The Obama administration has stepped up its enforcement efforts with the hopes of encouraging a recalcitrant Congress to take up comprehensive immigration reform. “They seem to be trying to look tougher and tougher on enforcement as a down payment on immigration reform in the future,” said Walter Ewing, senior researcher at the Immigration Policy Center.Read more...

Published in the Colorlines

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Media Contact: Wendy Sefsaf at 202-507-7524 or wsefsaf@immcouncil.org

Quick Fact: U.S. Citizen children are supported by unautorized immigrants

There are 4 million U.S. citizen children living in mixed status families with at least one parent who is an unauthorized immigrant.

Tough Arizona-Style Immigration Laws Pose New Issues for High Court

Published on Tue, Dec 06, 2011

The U.S. Supreme Court will meet later this week to decide whether the justices will hear Arizona's case with the Department of Justice over its stringent anti-immigration law.

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Arizona Gov. Jan Brewer, a Republican, petitioned the high court in August to take its case in an effort to get an early injunction blocking the law's more onerous provisions overturned.

Expectations that the justices take Grand Canyon State's case are low. There are pending cases from the Justice Department challenging Arizona-style anti-immigration laws in other states and there has yet to be a split among the appellate courts that the high court needs to address.

But the fact that Arizona has already reached a petition stage is a sign that an immigration battle could end up on the Supreme Court docket in the near future. A case over these new laws, which grant local police power to detain and check the immigration status of anyone suspected of being in the country without authorization, would be new terrain for the Supreme Court.

Several years ago, states never attempted to pass such tough immigration laws, says Ben Winograd of the American Immigration Council Legal Action Center.

Can-You-Top-This-Conservatism Laws

Now, states seem like they are trying to compete with one another to devise the toughest law to drive out largely Hispanic immigrant population. This can be attributed in part to Kris W. Kobach, an Ivy League-educated constitutional lawyer who is currently serving as Kansas' Republican secretary of state and is of counsel to the Immigration Reform Law Institute.

He is the brain behind Arizona's anti-immigration law, SB1070, and also a hand in Alabama's HB56, considered one of the harshest anti-immigration laws in the nation.

Such laws are now in six states, including Utah, South Carolina, Indiana and Georgia.Read more...

Published in the International Business Times

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War against drug cartels needs new focus, strategy

Published on Mon, Feb 06, 2012

 

A bit of respect, please, for the drug cartels. For their ingenuity, technological shrewdness and ability to adapt their products and services to a changing marketplace.

It’s a perspective missed by both Democrats and Republicans. Politicians of both parties are too busy grandstanding about “securing” or “fixing” a border they fail fully to understand.

A series of position papers is being released by the nonprofit Immigration Policy Center detailing the failings at the U.S.-Mexico border in stark, necessary language. The author is former Arizona attorney general Terry Goddard, and his nuanced view is a corrective to the overheated rhetoric we usually hear on the subject.

Most Americans think the trouble at our southern border is just about guns, dope and meth. Goddard argues the Mexican drug cartels are more aptly described as “transnational criminal organizations.” They are branching to new lines of business like production and distribution of pirated music, movies and software, money laundering and hijacking.

“Rather than being just a line in the desert sand, the southwest border is a complex, multidimensional interrelationship of immigration laws, cyberspace money transfers and international business connections,” Goddard writes.

His second in a series of three reports, “How to Fix a Broken Border: Disrupting Smuggling at Its Source,” was released days ago. In almost every paragraph you can read Goddard’s exasperation with our wrongheaded border policy.

Politicians earn brownie points from voters by pumping up the rhetoric about needing “more boots on the ground,” but they are unlikely to catch a Zeta that way. “If we are serious about stopping the threat on the border, we have to dismantle the criminal organizations that carry the contraband and take away the tools that make them so effective,” Goddard writes. “Anything less will fail.”Read more...

Published in the Kansas City Star

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Other states eye SB 1070 proceedings

Published on Wed, Apr 25, 2012

Two years after Arizona passed a controversial immigration-enforcement law that, among other things, makes it a state crime to be in the country illegally, the U.S. Supreme Court will hear arguments Wednesday for and against the law. Several other states, including Texas, that have passed — or have attempted to pass — similar legislation are certain to keep a close eye on the proceedings.

Analysts say that a decision will probably be rendered in June, which would leave ample time for lawmakers in Texas to mull over if or how they would attempt to write legislation aimed at curbing illegal immigration before the next legislative session convenes in January. Several dozen bills — including measures making it a state crime to knowingly hire an illegal immigrant (except those hired for domestic services) and broadening the immigration-enforcement authority of local law enforcement — were filed during the 2011 session. But none passed.

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Published in the Tucson Sentinel