Mr. Solomon Kanu is a well-established immigration and criminal defense lawyer in Phoenix, Az. He has graciously agreed to an interview regarding the overlap between criminal law and immigration law.
Mr. Kanu:
1) If someone is charged with a misdemeanor, for example a DUI or assault, and they are not a US citizen, should they be concerned about ICE or possible deportation?
Oh yes. Even long term permanent residents can be put in Removal proceedings because of some criminal conviction that is as simple as DUI. Many times when a non-citizen is booked into a jail, ICE is notified and they can place an Immigration detainer (hold) on the defendant making it imperative that even if he or she bonds out of the jail, ICE picks them up. It is important to consult with an immigration lawyer with criminal defense knowledge or have your criminal defense lawyer retain an immigration lawyer for you right away.
2) What if someone is not a US citizen and they are convicted of a felony, will they automatically be deported?
No. It depends on the offense and other factors of the conviction. Even then, there are several forms of relief that may be available.
3) What should a person who is facing criminal charges, for example, they are in custody in the county jail, do if an ICE agent asks to speak with them? Can they invoke Miranda rights and refuse to talk to an ICE agent? Is there anything in immigration proceedings similar to a suspect's Miranda rights in a criminal matter? Does someone have the absolute right to consult with an attorney during an ICE investigation as they would in a criminal investigation?
They can refuse to speak and ask that their lawyer be present in any interview with ICE. Whatever information they give then remains a permanent record in their immigration file.
4) When should a person be concerned about his immigration status? If ICE has put a hold on someone while they are in custody for a criminal matter, can they bond out? And what does the immigration court consider when determining release conditions?
A person should be concerned about their immigration status before they get into any trouble at all. If they are in jail already and ICE puts a hold it means that bonding out is to be released to ICE. It is sometimes risky because they may not be able to attend the next court hearing with the criminal court if they are detained in the Immigration Detention Centers in Eloy, Florence etc.
5) How has Arizona's recent law on immigration, SB 1070, changed how you practice law?
I don’t think it has changed anything.
6) If you could tell a person who is facing criminal charges and is not a US citizen one thing, what would that be?
Do not take any chances or take any pleas until you have been advised of the possible immigration consequences of the offense/conviction.
For more information regarding immigration law in Arizona, please visit www.kanulaw.com