Supreme Court Issues Important Immigration Decision
Padilla v. Kentucky: Criminal Defense Attorneys Must Advice of Deportation Consequences
On March 31, 2010, the United States Supreme Court issued its decision in the case of Padilla v. Kentucky, holding that criminal defense attorneys must advise their noncitizen clients about the risk of deportation if they accept a guilty plea.
The case involved the Petitioner, Mr. Padilla, a lawful permanent resident of the United States for over 40 years, who faced deportation after he pled guilty to drug distribution charges in Kentucky. Mr. Padilla filed for post-conviction relief claiming that his counsel failed to advise him of the immigration consequences to his guilty plea and told him not to worry about deportation since he had lived in the United States for so long. Mr. Padilla alleged that had he not received incorrect advice, he would have gone to trial.
The Kentucky Supreme Court denied Mr. Padilla’s request for post-conviction relief citing that the Sixth Amendment’s effective assistance of counsel guarantee does not protect a defendant from erroneous deportation advice because deportation is only a “collateral” consequence of conviction.
In its ruling, the United States Supreme Court recognized the dramatic changes in immigration law over the years which have raised the stakes of a noncitizen’s criminal conviction. Where there was once only a small class of deportable offenses and judges had broad discretionary authority to prevent the deportation of an individual, changes in immigration laws have led to an expanded class of deportable offenses and have resulted in limited discretionary authority of judges to prevent the harsh consequences of deportation. Because deportation is now almost inevitable for a great number of noncitizens convicted of crimes, it is more than ever important for noncitizens to have accurate legal advice. The Court determined that deportation is not merely a “collateral” consequence of a conviction. Rather, it is an essential part of the penalty that may be imposed upon noncitizen defendants who plead guilty to certain crimes.