Academic

Governor Paterson's Immigration Reform

By Dan Filler

Governor David Paterson did something very laudable on Friday: he pardoned hip-hop artist Ricky Walters who had previously been convicted (and served time) for attempted murder.  Under federal immigration law, Walters - who was born in the UK but moved the New York at age 11 - was subject to mandatory deportation for his offense.  He would be forced to leave his family and return to a country that has not been his home in 30 years.  As a result of this pardon, he is at least eligible for a deportation waiver; the decision to deport him is now discretionary.   

Why was this decision laudable?  Because I believe deportation decisions should always be made case-by-case, rather than under mandatory directives that strip officials of the ability to assess individual situations.

But here is the problem.  Walters is the tip of the iceberg, and a pretty famous tip at that.  Hundreds, and perhaps thousands, of individuals are similarly situated.  These are adults (and even teenagers) who emigrated to the States as kids and have no identity other than as "Americans."  They have been convicted or various types of crimes - some more serious, some less.  Under federal law, however, they are often subject to mandatory deportation - and are returned to a place that simply is not their home.  I wonder if the Governor is prepared to do his small part to modify federal immigration law by pardoning each of these offenders, and allowing each person to make his or her case to immigration authorities.  Then I'd be seriously impressed.

I've blogged before about the collateral consequences of conviction, and this is one of the nastiest. Remarkably enough, there is no requirement that a lawyer or judge inform a defendant that a guilty plea might result in this punishment consequence.  You can bet that whatever immigration bill passes this winter, there will be no relief for convicted offenders.  In fact, I wouldn't be surprised if the price of compromise is an even more draconian approach to the matter.

Full post as published by The Faculty Lounge on May 24, 2008 (boomark / email).