Trumpian crimmigration changes- Fairfax criminal lawyer says get a great trial lawyer familiar with immigration law

Trumpian crimmigration changes are around the corner, not only with immigration law and policy changes to come, but also with the immigration political appointees coming with the new presidential administration. As a Fairfax criminal lawyer, I comment on that not for political reasons nor as a commentary on electoral issues, but instead on the practical changes that non-United States citizens (whether with or without lawful status and visas, and those with the tenuousness of status under the Deferred Action for Childhood Arrivals (DACA) status created by a past Democratic administration, that Trump disfavors) should watch out for when prosecuted or convicted of a crime once Donald Trump becomes president. Criminal defendants who are not United States citizens can look at the practices of the first Trump administration for the contrasts in how non-U.S. citizens fared from their criminal case outcomes then and during the outgoing presidential administration, and can also anticipate possibly even harsher treatment now that border security was so front and center for Trump’s campaign and for so many voters, and when considering that he won the popular vote in this election but not when first elected, and the 2024 election gives his party control of 52 percent of the Senate, and may well hand his party control of the House which would mean total GOP domination of two of the three branches of federal government, with Trump also packing the federal courts with judges with lifetime appointments who will whiz through the confirmation process of his GOP-dominated senate even when having more conservative idealogies than would have passed through a Democratic-ccontrolled senate. In the final analysis, if you are not a United Sates citizen and find yourself in criminal court, now is all the more important a time that your Virginia criminal lawyer be top notch, be familiar with key relevant immigration risks from your criminal case, and be comfortable working closely with a great crimmigration attorney, meaning an immigration lawyer who can aptly advise you and your criminal attorney about the immigration risks you face depending on what crime you are convicted of and your sentene.

Will Trumpian policies  and new legislation lead to sanctions against states and municipalities that will not rat out your immigration status to federal immigration authorities?

As a Fairfax criminal lawyer, I see the Virginia prosecutorial role as over-prosecutorial, even with self-styled progressive Virginia commonwealth’s attorney offices. Nonetheless, I am delighted that in the Fairfax criminal justice system. for instance, the sheriff’s department — which runs the county jail — will not honor informal requests of immigration authorities to hold otherwise non-releasable non-United States citizens once they are eligible for release (but will honor administrative judicial orders and judiciary orders to hold them) and the Fairfax chief prosecutor disfavors assisting with civil immigration enforcement, which makes it safer for me to reveal my client’s immigration status in underlining my client’s immigration risks when pursuing the most immigration-friendly plea negotiation. That is a stark contrast to the days when the Fairfax jail had one of three after-hours lawyer visiting booths instead taken up by an ICE / Immigration and Customs Enforcement booth, from where non-United States citizen arrestees were apparently questioned by video — without the promise of a lawyer — by immigration authorities. That was at once a disgusting and crimmigration-risky experience. Now that booth is no longer used for the immigration authorities. This also contrasts with the courthouses where immigration authorities more commonly troll the hallways and courtroms to nab non-United States citizens who do not get detained pretrial or detained due to their sentencing. Do not be surprised if the Trumpian authorities find ways to reward municipalities and state governments that work more closely to assist immigration enforcement (and to punish governments doing the opposite), for instance with grants for criminal law enforcement and with expanded access to federal law enforcement resources.

What do I do when police, judicial authorities, and probation officers ask my immigration status?

Oncoming Trumpian immigration policies and Trump-pursued expansion of immigration enforcement laws and policies and procedures means that your revealing your immigration status to law enforcement authorities, judicial authorities and probation officers may become all the more risky if they are going to end up disclosing your immigration status directly or indirectly to federal immigration authorities. My blog’s not constituting legal advice, you should consult with a qualified lawyer to know in advance the extent and approach to which you will assert your right to answer such questions, which I think fairly implicate your Fifth Amendment right to remain silent, including if you are undocumented / have no lawful immigration status in the United States (what many strict immigration enforcement advocates call “illegal aliens”, which is a phrase I disfavor as dehumanizing, including when considering that refugees and other people seeking political asylum in the United States are often in the country without lawful immigration status, only for starters).

How knoweldgable of crimmigration law must be my Virginia criminal lawyer?

This is your life, liberty livelihood and family status that can be on the line when you are a non-United States citizen facing immigration risks and Trumpian crimmigration changes, depending on your conviction and sentence, sometimes depending on your pretrial status, and even when you reach a conditional dismissal disposition. Immigration law generally, and even crimmigration law itself, is too complex for your Virginia criminal lawyer not to have a basic relevant understanding of crimmigration law, a readiness to consult with highly-qualified crimmigration lawyers along with you, and to not seek their crimmigration information by nothing better than inquiries to lawyer email listservs or to quick courthouse hallway questions to colleagues with limited crimmigration knowledge. The United States Supreme Court requires your criminal defense lawyer to approach crimmigration law with more care than that. Padilla v. Kentucky, 559 U.S. 356 (2010). Fortunately for ten years I was with my former law partner who is a great crimmigration lawyer and with whom I collaborated on crimmigration matters, and continue to repeatedly collaborate with a crimmigration lawyer for my clients to understand their crimmigration risks, and to inform prosecutors and judges of those risks (when permitted by the defendant to reveal their immigration status) in pursuing favorable plea negotiations and the least harmful case dispositions (including arguing to judges why a Crespo approach is so important to not turn a disposition seemingly better than a conviction (for instance a Virginia Code § 19.2-298.02 disposition) into a result that the immigration authorities and immigration law will treat as a conviction, let alone that a violation of the terms and conditions for obtaining a dismissal under Section 19.2-298.02 can lead to a conviction that will be harmful to immigration status.

Does my potential Virginia criminal lawyer respect and embrace non-United States citizens, including undocumented people, in the face of Trumpian crimmigration changes?

My former law partner is correct that immigrants are the backbone of American society. Everyone in this country can trace their roots to overseas family predecessors, including Native Americans. I believe strongly in expanding and reforming immigration law and policy to open the avenues for obtaining lawful status in the United States (for instance to expand the professions and skills that can put a person on the path to receiving non-immgrant visas and pathways to permanent residency, which is a stepping stone to naturalization/ U.S. citizenship), and to reduce the harsh harm to immigration status from certain convictions and sentences. With my having such an approach to immigration, I naturally welcome pursuing the most immigration-friendly outcomes for my Virginai criminal defense clients. If your potential criminal defense lawyer is fond of saying “illegal alien”, you may wish to determine whether that is a red flag that does not suit you.  Don’t let Trumpian crimmigration changes rain on your life. Make sure that your Virginia criminal lawyer will give you a full court press.

Fairfax criminal lawyer Jonathan Katz fully embraces all his clients in pursuing their best defense against Virginia DUI, felony and criminal prosecutions. You will know that within moments of first meeting with Jon Katz. Secure your free initial in-person confidential consultation with Jon about your court-pending prosecution, by calling us at 703-383-1100, emailing info@BeatTheProsecution.com, or texting 571-406-7268.