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Supreme Court Decision Protects Right to Immigration Advice

Released on Wed, Mar 31, 2010

The American Immigration Council applauds today's Supreme Court decision on the right to counsel for noncitizens charged with committing a crime. The Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court recognized that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions, and that Congress eliminated from these laws the Attorney General's discretionary authority to cancel removal in meritorious cases. The Court said, "These changes to our immigration law have dramatically raised the stakes of a noncitizen's criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important."

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