Unintended Consequences As Virginia Court Excuses Pot, But Ensnares Immigrants

Washington Post article, 3/10/17

Photo Credit: Washington Post article, 3/10/17

The Washington Post has a story illustrating how shifting legal landscapes can impact immigration practices. The paper reports that “… the Arlington General District Court this month imposed the new policy for handling many misdemeanor marijuana possession cases, a change the top prosecutor said would make the court process quicker and less stressful for first-time offenders. But the county’s public defender and immigration advocates are objecting because the shift also means that poor defendants in those cases will no longer get a free lawyer to help them understand — and perhaps fight — the charge.”

Because immigration issues are considered civil, not criminal, defendants do not have assurances of legal representation. Now, because “jail” is not looming they will not get legal representation – if they take the easy way out, just plead guilty, they may find themselves later banned from the country, even if they are here legally.

It’s a great example of how the legal system can confuse the issues:

Get caught with pot, don’t go to jail: Why not everyone is happy

Advocate Outlines Woes As Immigration Court Backlog Moves Past 500,000

Photo Credit: Francis Riviera

Photo Credit: Francis Riviera

In an opinion piece in The Hill newspaper in Washington D.C., a San Antonio immigration advocate outlines a recent milestone in the immigration court backlog: “In numbers just released, the backlog in immigration courts has now risen above half a million cases (500,051). Immigrants wait an average of 672 days for resolution of their cases, and for some cases the wait can reach up to six years. The highest number of pending cases are in California (93,466 cases), Texas (87,088 cases), and New York (86,834 cases).”

Sara Ramey says that “… in Texas, where my NGO RAICES serves the immigrant community, the average wait for resolution of a case is 712 days. The San Antonio court is setting hundreds, if not thousands, of cases for Nov. 29, 2019 as a place holder until the court can find a date, likely on an even later day. And this is just to start proceedings, not to determine the merits of the case.

Ramey does a good job outlining the problems when cases go that long and makes an appeal for both political parties to step up on the issue. See her argument here: http://thehill.com/blogs/congress-blog/judicial/289875-immigration-court-delays-make-a-mockery-of-us-justice