SIG - Immigration Issues and The State Courts
CPPS has a website available for background information on this program, recent reports, and guidance for how to obtain technical assistance.
Bench Guides for Judges:
- Criminal Bench Guide on Immigration Consequences of State Court Criminal Actions
- Juvenile & Family Immigration Bench Guide for State Trial Court Judges
- Practitioner's Guidebook for Addressing Immigration and the State Courts
Bench Cards for Judges:
- Glossary of Key Immigration Terms. This card provides definitions of the most important immigration terms.
- Overview of Types of Immigration Status. Describes the eligibility requirements for naturalization, lawful permanent resident status, Violence Against Women Act (VAWA) self-petitioner status, Special Immigrant Juvenile status, T (trafficking victim) and U (crime victim) visas, and temporary visas.
- Immigration Relief Requiring Discretionary Approval. Lists the requirements for different types of status that are subject to the discretion of the United States Citizenship and Immigration Service (USCIS) or the immigration courts.
- Overview of Immigration Consequences of State Court Criminal Convictions. Discusses how conviction of a variety of crimes can cause a person to be deportable, inadmissible, or ineligible for discretionary immigration relief.
- Eligibility for Probation, Work, Benefits, and Services. Discusses how immigration status can affect a litigant's eligibility for work authorization and federally or state funded treatment or services that might be ordered by a judge.
- Risks to Immigrants From Drug Court Participation. Explains how participation in drug court poses risks to a person's immigration status for any immigrant, including lawful permanent residents.
- Good Moral Character. Explains why good moral character is a requirement to be eligible for a variety of discretionary benefits, including naturalization.
- Child Custody and Placement. Discusses how immigration status can affect where and with whom immigrants will be able to live.
- Immigration Rights of Battered Spouses and Children. Lists some of the special protections for immigrant battered spouses and children, including pathways to becoming a lawful permanent resident.
- Special Immigrant Juvenile Status. Explains this status as a pathway for abused or abandoned unauthorized immigrant children to become lawful residents.
Reports / Key Documents
- Uses of State Court Criminal Records in Immigration Proceedings (The Court Manager, Vol. 26, Issue 4)
- New Mexico Justice System Interpreter Resource Partnership
- Implications of Padilla v. Kentucky on State Court Criminal Judges
- The Effect of Padilla v. Kentucky on State Court Judges
- New Mexico Justice System Interpreter Resource Partnership - Final Grant Report
- Federal Immigration Policy and the State Court
- Immigration Issues in the Minnesota Courts: Annual Judges Conference Summary
- Imperial County (CA) Borderland Justice Field Guide