Criminal Issues

VIAA helps criminally charged non-citizens navigate the complex maze of criminal-immigration laws. VIAA may be able to assist in the following ways:

Accompany the non-citizen charged with an offense that has potential immigration consequences to their hearings and attorney conferences. Since most criminal cases are resolved by plea bargains and, sometimes, the plea is negotiated during or immediately prior to the hearing, it has proved critical to accurately weigh the different options as they are proposed in this context.

Assist defendants in obtaining affidavits from community members proving employment, positive community ties, education and treatment efforts, and other positive factors that can then be offered during plea-bargaining and/or at sentencing.

Provide defendants with a more thorough education of the potential immigration consequences of not following the conditions of release.

Prepare those non-citizens with a criminal conviction for any future adjustments of their immigration status and prepare some for seeking avenues of relief from deportation in a future removal hearing.

• Advance preparation for an eventual removal hearing is especially critical when the defendant may be subject to mandatory detention during the immigration proceedings.
• If VIAA is contacted when the defendant is already in removal proceedings, staff works in concert with the Prisoners’ Rights Office and private bar on post conviction relief when feasible.