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Double Jeopardy
12:35PM ON
07/06/2008
BY
Ariel Werner
As I mentioned in a prior post about the Garrahy Judicial Complex, I’ve been spending a lot of time lately in that facility’s Courtroom 4C, where arraignments for RI’s 6th District take place. The judges at arraignment give a shpiel about the meaning and consequences of a plea whenever someone pleads out at that stage of the game, and I often take much of that shpiel for granted.
An important part of what they must instruct the defendants is that any criminal conviction or guilty plea will affect any immigration status or proceedings. For many, this means that deportation is inevitable. One thing missing from the shpiel, however, is consideration of how a guilty plea and prison sentence will affect the defendant’s status in Family Court. All too often, defendants are counseled to accept a shorter sentence with time served only to be served with Family Court subpoenas on charges of neglect—neglect that occurs while these parents are behind bars—or deportation papers.
Colorlines magazine has a great piece this month on the intersection of systems—namely immigration, incarceration, and foster care. In “When an Immigrant Mom Gets Arrested,” Julianne Ong Hing and Seth Wessler write:
Immigrant mothers are not the first to deal with the ways that different government agencies intersect, usually to their detriment. The experiences Black families have had with child welfare and criminal justice policy make clear what can happen to communities when family policy intersects with a set of other punitive policies.
They explain the legal background for this problem:
In 1996, Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), increasing the ease with which immigrants—including green card holders—could be deported, especially as a result of criminal convictions. “Criminal aliens” (as they are labeled by the government, especially those classified as “aggravated felons”) can now be summarily deported, even if they served jail time many years ago. In addition, Immigration and Customs Enforcement, better known as ICE, can place detainers on immigrants in jails and prisons, even those still awaiting a hearing or trial. Upon completion of their sentence, these people face removal proceedings.
It really seems like these folks, guilty or not, are being punished over and over for the same offense. Firstly, given our state budget crisis, it is nonsensical that we incarcerate people only to deport them once they set foot outside of the ACI. Second, it is absurd to charge mothers and fathers with neglect when they are forcibly removed from their children and families. The lack of collaboration among these systems is not only ineffective in curbing crime; it is also unjust, and we are punishing people thrice over for simple mistakes.
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One Comment on “ Double Jeopardy ”
July 6th, 2008 at 2:31PM
JOE BERNSTEIN Says:
This is absolutely not double jeopardy.The deportation proceeding is administrative,not criminal in nature and therefore your use of “double jeopardy:’is misleading and inaccurate.Do you seriously suggest that the US has no right,let alone an obligation to deport any alien,whether here as a legal resident or in violation of law who has committed a crime that by statute renders them deportable?
You progressives start screaming about the”law of the land” when it comes to educating illegal aliens of school age at public expense.I am not talking about children of illegals born here-they are US citizens.
Well,the “law of the land” applies in all cases.Sorry if you think it’s “unfair”,but it came about by our legislative process and has never been successfully challenged in court.
We are not obligated to allow non-citizens to remain in the US if they are criminals.Technically,virtually any illegal alien can be deported but the emphasis for many years has been on criminal aliens as a matter of prioritization.
Criminal aliens made up about 90% of the people I arrested during the 12 years I was assigned to Providence.In El Centro,CA and Chicago,IL it was different-more plain illegals,which was like shovelling sand against the tide.
I believe that the taxpayer’s money was well-spent when we apprehended criminal aliens.
Is there ANYONE in your book who should be deported?
If the families of deportees are affected,I think those deportees should look to themselves for the reason why.In this society you should bear responsibility for your actions.
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