Practice Advisory: Duty of Criminal Defense Counsel: Representing an Immigrant Defendant after Padilla v. Kentucky (April 9, 2010, appendices updated January 2012)
In the landmark Padilla v. Kentucky decision (U.S. March 31, 2010), the United States Supreme Court held that, in light of the severity of deportation and the reality that immigration consequences of criminal convictions are inextricably linked to the criminal proceedings, the Sixth Amendment requires defense counsel to provide affirmative, competent advice regarding the immigration consequences of a guilty plea, and, absent such advice, a non-citizen may raise a claim of ineffective assistance of counsel. This practice advisory, prepared by IDP for the Defending Immigrants Partnership, provides guidance on your duty to immigrant clients.
Protocol for the Development of a Public Defender Immigrant Service Plan
This protocol can be used by public defender offices for development of a plan to serve the special needs of their immigrant clients. It includes appendices on contact lists of criminal-immigration experts by defender office; sample forms, letters, updates, and trainings; and other tools.