With the new administration promising stepped-up immigration enforcement, the crimmigration field is facing rapid changes and challenges.
This space will track changes that impact you and your noncitizen clients. We will post news, updates, and links to resources here.
In addition, WDAIP will host monthly Crimmigration Conversations as a forum for those interested in learning more about the world of crimmigration law. These will be informal conversations covering substantive law (what on earth is a CIMT anyway?), crimmigration upates, best practices, etc. For information on how to register, click here.
THE LAKEN-RILEY ACT IS NOW LAW
WHAT IT DOES: The LRA expands the categories of people who will be subject to mandatory ICE detention, without the possibility of bond, if and when they come to the attention of ICE.
WHO DOES IT APPLY TO? It applies to noncitizens who entered the U.S. without permission – who were never lawfully admitted.
People in this category will now be subject to mandatory detention if they are arrested for, charged with, convicted of, or admit that they committed any of these crimes:
- Burglary
- Theft, larceny, or shoplifting
- Assault of a law enforcement officer
- Any crime that results in death or serious bodily injury to another person.
WHAT IT DOES NOT DO: The LRA does not add any new grounds of deportability or inadmissibility (removal grounds). A crime that was not a deportable offense before LRA is still not a deportable offense.
THE LRA DOES NOT APPLY TO:
- Lawful Permanent Residents
- People who entered the U.S. on a visa, even if they have overstayed their visa
- People who were granted refugee status outside the U.S. and were admitted as refugees.
Although the law directs DHS to issue a detainer for individuals who fall under the LRA, it is important to remember that immigration detainers are voluntary requests to local law enforcement and Washington law prohibits jails and local law enforcement from honoring such requests. See below for additional information on Washington’s sanctuary laws.
PRACTICAL IMPACT: By the time you (and we) see a case, the person either will or won’t already be subject to the Act. Whether it still makes sense at that point to try and resolve the case with a plea to a different charge (or go to trial) will depend on the facts and circumstances of the individual case.
IF YOUR CLIENT IS NOT A U.S. CITIZEN, CONSULT WDA’S IMMIGRATION PROJECT!
WASHINGTON SANCTUARY LAWS REMAIN IN EFFECT
The Washington laws that protect noncitizens include the Keep Washington Working Act (KWW) (RCW 10.93.160) and Courts Open to All Act (COTA) (RCW 2.28.310-.330). Nothing in the Laken-Riley Act or the Executive Orders changes WA law or excuses any local actor or agency from their obligation to obey the law.
Local jails, law enforcement, judges, court staff, court security personnel, prosecutors, and prosecutor’s office staff, state agencies and staff, all are prohibited from:
- inquiring into or collecting information about a person’s immigration status or place of birth
- providing information to federal immigration authorities for civil enforcement purposes
- providing any nonpublic information to federal immigration authorities
- providing access to federal immigration authorities to interview anyone in their custody.
DOC Exception: These protections do not apply to individuals in the “physical custody” of DOC. DOC can and will share information and cooperate with ICE regarding individuals in DOC custody. This exception does not apply to those who are supervised by DOC, e.g. on community custody.
Pursuant to the COTA, courts are to have procedures in place in the event federal immigration authorities appear in a courthouse. And no person may be subject to civil arrest while going to, remaining at, or returning from, a court facility.
**This is only a summary of relevant KWW/COTA provisions. For more information, see our KWW/COTA Practice Advisory. For information on how violations may help you in an individual case, please consult with us! » WDAIP CASE ASSISTANCE – Washington Defender Association. **
IF YOU SEE SOMETHING, SAY SOMETHING: We want to know if you or your client become aware of potential violations of KWW. Please email wdaip@defensenet.org or call 206-623-4321 ext. 107.
If you become aware of ICE activity in your area or if your client or others have been arrested by ICE, please also immediately call the Washington Immigrant Solidarity Network Deportation Hotline at 1-844-724-3737.
DACA (Deferred Action for Childhood Arrivals)
The recent Fifth Circuit decision on DACA does not impact the status of those who already have DACA. Those who have DACA should continue to file renewals. Early renewal is encouraged. We recommend that anyone with DACA consult an immigration attorney to see if they have other pathways to status should the DACA program end entirely.
EXECUTIVE ORDERS
Executive Orders do not need congressional approval but may be blocked by Congress or the courts. Several are likely to get bogged down in lawsuits for quite some time.
Washington’s Attorney General Nick Brown has already filed suit challenging the attempt to end birthright citizenship and a federal judge has temporarily halted the executive order from taking effect nationwide.
ADDITIONAL RESOURCES FOR DEFENDERS
WDAIP Practice Advisories for Defenders
WDAIP Immigration Attorney Referral List
Immigration Court Automated Case Status
RESOURCES FOR CLIENTS
WDAIP Immigration Attorney Referral List
Know Your Rights Resources: