The practice is raising alarms with advocates for due process.
The topic of illegal immigration is incredibly controversial. Under President Trump, the agency responsible for deportations, Immigrations and Customs Enforcement (ICE), has grown increasingly aggressive about pursuing people who may be in the country illegally. Depending on your stance on immigration, this may or may not be a good thing. However, when it comes to the criminal justice process, it has created huge problems.
In recent months, ICE has targeted suspects in criminal cases, including here in California. Rather than wait until suspects in criminal cases are convicted to pursue a deportation case, ICE is actively going after people who have only been accused of a crime.
This is problematic in several ways. According to a Los Angeles criminal defense attorney, this interferes with defendants’ due process rights, and their ability to obtain a fair trial. In many cases, ICE uses the fact that an immigrant has been charged with a crime as the basis for deportation — without the person ever having a chance to defend himself or herself in court. For people facing relatively minor criminal charges, this can mean that they will not ever be able to legally enter the United States due to the outstanding criminal charges.
Another issue that has cropped up is that ICE — worried that they won’t be able to deport immigrants if they turn them over to state or local authorities, particularly in sanctuary states like California — often does not turn defendants over to appear in court. Because ICE does not track how many detainees have pending criminal charges, or how often the agency denies requests to release detainees to state custody, it is impossible to know how frequently this happens.
The interplay of immigration law with criminal law can be incredibly complex, particularly as the federal government’s policy towards immigration continues to evolve. If you are an undocumented immigrant, it is vitally important to seek assistance from an experienced Los Angeles criminal defense attorney as soon as possible if you have been charged with a crime. While your lawyer may not be able to guarantee that ICE will not attempt to detain you, he can advocate for you so that your criminal charges can be resolved. If you are able to obtain a favorable outcome for your charges, you may be able to avoid deportation. This makes it all the more important that you hire an aggressive Los Angeles criminal defense attorney to represent you.
At the Chambers Law Firm, we believe that every client deserves a strong defense. We will work with you and stand by your side through each step of the process. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation, and learn more about how we can help you.
