In the U.S., criminal convictions typically result in a combination of jail time, fines, probation and other forms of punishment and rehabilitation. As one New York woman found out, though, permanent residents who live in the U.S. on a Green Card can encounter immigration issues when convicted of even minor criminal offenses.
Lifelong American Resident Likely to Face Deportation Charges
Maria Renda, 55, of New Rochelle, N.Y., is Italian-born but has lived as a lawful U.S. permanent resident since the age of 10 months. Although Renda has lived in the U.S. with a Green Card for over 50 years, her future as an American is in doubt after Immigration and Customs Enforcement agents raided her home and placed her in a detention facility. Renda's attorney told Fox News that the raid and her potential deportation proceedings are based on a 2001 misdemeanor conviction for possession of narcotics, which by definition carried less than one year of jail time.
As a U.S. citizen, this lifelong American resident could not be deported. Renda's application for citizenship was denied, however, and as a result she could be deported as a criminal alien. Ineligible for bail due to two misdemeanor convictions in the mid-1980s, she was released from jail for humanitarian reasons. Her attorney said Renda's citizenship attempt failed in part because of these past convictions.
"Deportable" Aliens
Under federal law, any alien present in the United States who breaks certain laws, including state or federal drug laws, is considered "deportable." The U.S. government cannot, however, automatically remove non-citizens for violations of drug laws or other illegal actions. Instead, an immigration court must approve the deportation.
As a Syracuse University research project found, federal immigration law is not always straightforward about which criminal offenses lead to deportation, so it can be unclear whether someone should in fact be removed. For that reason, courts often deny ICE removal requests. Syracuse's report notes that in 2010, New York City immigration courts turned down 70 percent of these requests.
Green Card holders and other non-citizens facing deportation charges should contact an immigration lawyer to determine which legal defenses they should raise. With the help of legal representation in immigration court by an experienced immigration attorney, you can exercise your right to challenge the government's attempt to remove you from your country of residence.
Prosecutorial Discretion (P.D.)
On 6/17/2011, John Morton, Director, US Immigration & Customs Enforcement (ICE), issued a memo providing guidance to ICE personnel including ICE attorneys, officers, and agents as to relevant factors to be considered in the exercise of prosecutorial discretion.
For example, if an alien is under proceedings (before an Immigration Judge), or has a prior order of deportation or if deportation proceedings are contemplated by ICE, there are numerous factors that may be considered in deciding to allow that person to remain in the US and also obtain work authorization.
Among these factors are number of years in the USA, age at the time of entry (younger is better), educational level, whether an immediate relative served in the US military, reserves or national guard, criminal and immigration history, ties to the community, family ties in US, pregnant or nursing mother, likelihood of obtaining permanent residency, national security threat and severe physical or mental illness, etc.
Persons facing deportation must contact an experienced Immigration litigation attorney to determine whether P.D. is suitable to their circumstance. A deportation order can be avoided if P.D. is granted. It is also possible to obtain work authorization if P.D. is granted and a case is administratively closed.
