Current immigration law
dictates that deportation
is themandatory result of many criminal convictions, including minorcrimes
. An estimated 150,000 non-citizens (i.e., immigrants) will bedeported by the end of next year because of convictions resulting inmandatory deportation.
Interview with Carlos Garcia, Attorney at Law, Law Offices of Raul García andAssociates, McAllen, Tex. (Jul. 16, 2010) (explaining that when a non-citizendefendant is criminalized, the legal process generally includes a charge, conviction(i.e., trial), and sentence; defendant then serves sentence and is subsequentlybrought before an immigration judge who determines deportation matters,specifically “unlawful” entry and/or legal “removal” proceedings; during thoseproceedings, the non-citizen defendant has no right to counsel);
Abel v.U.S., 362 U.S. 217, 237 (1960) (illustrating that deportation proceedings are civilproceedings to which the constitutional protections applicable to criminalprosecutions do not apply).
Maureen A. Sweeney,
Fact or Fiction: The Legal Construction of Immigration Removal for Crimes
, 27 Y
. 47, 51 (Winter 2010) (“Tensof thousands of individuals are removed from crimes each year, many after enteringguilty pleas without any knowledge that their plea would lead directly to theirremoval and permanent banishment from the United States, with no possibility fordeviation, equity or mercy.”).
Brief for Asian American Justice Center, et. al. as Amici Curiae SupportingPetitioner, Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010) (No. 09-60),(discussing the deportation case of Jerry Lemaine: Lemaine, a legal permanentresident, was caught with one marijuana cigarette, and pursuant to the advice of alegal aid lawyer, plead guilty. Under state statutes, the penalty was only a $100fine; however, his guilty plea led to a sentence of three years behind bars. Lemaineis currently battling deportation to Haiti - a country he left at age three);
American Diaspora: The Deportation of Lawful Residents from theUnited States and the Destruction of their Families
, 32 N.Y.
55, 55-56 (2007) (illustrating the deportation case of Hemnauth Mohabir, alawful permanent resident, held by immigration authorities at an airport after legallyre-entering the country; he was detained because of a five-year old conviction forpossession of $5 worth of cocaine, for which he had been fined $250; Mohabirsubsequently spent two years in immigration detention and was then deported,leaving behind his U.S. citizen wife and son);
, Minto v. Mukasey, 302 F.App’x 13 (2d Cir. 2008) (involving a noncriminal possession violation).
Most non-citizens, and their respective
Seth F. Wessler,
Quotas or Not, Deportation is a Wrecking Ball
(March 30, 2010, 1:59 PM),http://colorlines.com/archives/2010/03/new_deportation_numbers_and_lots_of_em