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Supreme Court Decision Protects Right to Immigration Advice – Padilla v. Kentucky

Washington D.C. – The American Immigration Council applauds today’s Supreme Court decision on the right to counsel for non-citizens charged with committing a crime. The Court held that criminal defense lawyers must advise their non-citizen 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 case, Padilla v. Kentucky, involved a Vietnam War veteran who has resided lawfully in the U.S. for over 40 years. His criminal defense lawyer told him not to worry about the immigration consequences of pleading guilty to a crime, but that advice was wrong. In fact, the guilty plea made Mr. Padilla subject to mandatory deportation from the United States.

CLICK HERE TO READ THE DECISION.

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