Often the most important issue facing noncitizen defendants charged with crimes is whether a conviction and sentence for any given offense will trigger certain provisions under the Immigration and Nationality Act (the INA) that will result in her deportation (a.k.a. removal) from the United States.  Often noncitizen defendants do not realize just how important this issue is until it is too late.  Under current provisions of immigration law, the consequences for obtaining criminal convictions can be severe.  Noncitizens who plead guilty to a seemingly low-level misdemeanor offense (e.g., theft in the third degree, simple assault) can face disastrous consequences. 

The only hope most non-citizens have of trying to avoid or mitigate harsh immigration consequences is to have competent defense counsel who can address these issues during their criminal proceedings.  It is imperative that prosecutors and courts also are aware of the issues, and the magnitude of the consequences facing noncitizen defendants.

Once convicted, noncitizens may face such harsh consequences as automatic deportation, permanent bars to returning to the United States, and possible indefinite detention by the Immigration and Customs Enforcement authorities (formerly known as the INS)—regardless of how long they have lived in the United States, what family ties they may have, or whether they are here legally.  Moreover, the vast majority of noncitizen defendants (more than 85%) will be unrepresented (pro se) in their immigration proceedings.  Most will be detained in Immigration & Customs Enforcement (ICE) detention facilities during these proceedings. 

Part One of this manual provides the basic framework of how to analyze immigration consequences facing a noncitizen defendant, as well as addressing the necessary relevant concepts under immigration law.

Part Two is a chart of selected RCW offenses which provides a checklist format for attempting to determine the immigration consequences of any given offense. 

This manual is intended to assist defenders in more effectively representing noncitizen defendants.  However, given the complexity of the subject matter, it will often be necessary for defenders to consult additional resources and/or with competent immigration counsel in order to explore all possible avenues for avoiding or mitigating immigration consequences.