Immigration In The State Courts Project Identifies Key Policy Issues

During their work on a SJI-funded Strategic Initiatives Grant, the Center for Public Policy Studies (CPPS) has found that one of the biggest challenges to addressing the impacts of immigration in the state courts is a lack of agreement about the appropriate answers to very difficult policy questions. In particular, CPPS has found that the jurisdictions now participating as pilot learning sites (Maricopa County, Arizona; Miami-Dade County, Florida; Western Minnesota; Delaware; and the District and Circuit Courts in seven counties located in South-Eastern Michigan), are struggling with issues such as:

Adjudicating cases involving undocumented/illegal immigrants

For example, should undocumented immigrants be taken into custody and potentially be removed from the U.S. by Immigration and Customs Enforcement (ICE) at any point prior to state court case disposition? Should undocumented immigrants be taken into custody and potentially be removed from the U.S. by ICE, post-sentencing, or after they have completed all or a portion of a sentence? Should child protection and juvenile cases involving undocumented family members and violence against women cases be processed any differently than cases involving lawful permanent residents and U.S. citizens?

Assuring procedural justice

For example, to what extent should the state courts promote respect and understanding, and display neutrality, by giving all immigrants the chance to be heard and the opportunity to understand what is happening in court?

Unintended consequences of state court actions

Should trial judges, court personnel, and attorneys understand and consider the consequences of state court decisions on immigration status?

Assisting the federal government in regulating immigration

Should the courts provide state court case information in formats that can be used in co-occurring or subsequent federal immigration case processing? Should they check litigant immigration status? Should they report suspected undocumented immigrants? Should they report lawful permanent resident immigrants convicted of crimes that could make them removable from the United States?

Providing services to immigrants

Should the state courts provide lawful and undocumented immigrants state court case processing, sanctioned treatment, and other services at the same levels available to non-immigrant court users?

CPPS has learned that these are but a few of the issues surrounding immigration issues in the state courts, and the pilot sites are approaching them in various manners. The sites are tailoring their responses to both federal requirements and their specific jurisdictional needs.