Criminal Issues
In 1996, Congress redefined and greatly expanded the types of offenses for which immigrants, including lawful permanent residents, can be deported and applied these definitions retroactively. Now any noncitizen can be deported for such minor offenses as petty larceny and violation of a temporary restraining order. These laws also eliminated judicial discretion to consider mitigating factors such as length of time spent in the U.S., rehabilitation, family hardship or honorable military service. The result is that long-time, responsible immigrants with U.S. citizen spouses and children are being deported for minor offenses even if they were committed long ago.
VRA works to inform public defenders and private criminal defense attorneys of the possible immigration consequences and works with them to fashion alternate pleas which will not put their clients in removal proceedings. We also work to inform the immigrant community of their rights and responsibilities under U.S. law.
