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  • InsideTrack
  • April 19, 2017

    ‘Crimmigration’: From the Seat of Government to the Person Seated Across from You

    Provide a vigorous defense to noncitizen clients with the aid of Immigration Consequences of Wisconsin Criminal Offenses, newly updated from State Bar of Wisconsin PINNACLE®.

    April 19, 2017 – A significant shift in policy is unfolding under President Trump’s administration regarding criminal law and immigration law, or “crimmigration.”

    President Trump has issued an executive order that has made certain noncitizens either charged or convicted of any crime a top target in immigration enforcement. This executive order will have profound consequences on undocumented immigrants who have been only arrested for a criminal offense.

    It is anticipated that there will be a significant rise in Immigration and Customs Enforcement (ICE) detainers issued at local jails in Wisconsin. Both defense and immigration attorneys will need to be prepared to handle the Trump administration’s emphasis on removing noncitizens charged or convicted of a criminal offense.

    These fast-moving changes make it all the more important to do what you can as a criminal defense attorney to protect your noncitizen clients from being deported.

    Be Prepared to Defend Your Clients Well

    Get up to speed with the award-winning book, Immigration Consequences of Wisconsin Criminal Offenses, published by State Bar of Wisconsin PINNACLE® and written by Milwaukee immigration attorney Davorin Odrcic of Odrcic Law Group LLC (assisted in the first supplement by Benjamin Harville, director of the Immigrant Justice Clinic at the U.W. Law School).

    An essential resource for any lawyer dealing with criminal defense, the book guides attorneys in crafting deals to help noncitizen clients steer clear of severe immigration repercussions.

    Build a Solid Defense with Three Parts

    In “Part 1, Immigration Law for Defense Attorneys,” the authors describe the relationship between criminal offenses and immigration consequences, lay out common myths and misconceptions of crimmigration, and illustrate the scope of the Padilla v. Kentucky decision, including how it overturned Wisconsin case law.

    “Part 2: Select Wisconsin Criminal Offenses” contains an in-depth analysis of the immigration consequences of approximately 80 select Wisconsin criminal offenses and plea strategies for each offense.

    The resources in “Part 3: Practice Management and Practical Applications” will help you manage client expectations and counsel noncitizens who have unwittingly pleaded guilty to an inadmissible or deportable defense and explains the questionnaires, checklists, and sample language in the appendices.

    Apply Facts to the Law and Avoid Deportation When Possible

    Immigration Consequences of Wisconsin Criminal Offenses helps attorneys to apply immigration law to specific criminal offenses, suggesting creative ways to structure pleas to avoid harsh results. As Attorney Odrcic stated, “[a] noncitizen might not be able to avoid the deportation consequences of a conviction in every case, but my book will assist defense attorneys in pursuing that goal.… I learned … that immigration and criminal law are closely intertwined with even lawful permanent residents facing deportation due to a guilty plea regardless of the hardship, their length of time in the U.S., family ties, genuine rehabilitation, and other equitable factors.” Davorin J. Odrcic, “Why I Wrote the Book on Crimmigration,” in “Plea Bargaining for Noncitizen Clients: What Defense Attorneys Should Know,” InsideTrack, Oct. 21, 2015.

    How to Order

    Immigration Consequences of Wisconsin Criminal Offenses is now available in print for $179 for members and $229 for nonmembers.

    Subscribers to the Bar’s automatic supplementation service will receive future updates at a discount off the regular price.

    For more information, or to place an order, visit the WisBar Marketplace or call the State Bar at (800) 728-7788 or (608) 257-3838.

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