This article states that a judge SHALL report to ICE a criminal illegal alien who has been convicted of a crime or has been placed on felony deferred.
Is this happening in your jurisdiction and if so, how is it being accomplished?
Who is responsible for determining and informing a judge of an alien's immigration status?
The judge will be informed by following the requirements of CCP Art. 26.13(a)(4)which requires him/her to inquire as to the citizenship status of the defendant as part of the plea admonitions. My judges instruct the sheriff to notify ICE if there is not already a hold on the defendant.
(JB will give you the page number in the Perfect Plea in just a few minutes.)
Oddly, that particular provision is missing from The Perfect Plea, making the current version of the book perhaps less than perfect. I do remember seeing that provision and thinking that the provision left a great deal unexplained. I shall now consider updating the book with a reference.
Having worked for JB for many years, I am amazed that I have finally posed a question that did not result in an immediate response similar to: "Well on page XX of the Perfect Plea I explain that in detail. If you had read it, you would not be in here feeling inadequate right now."
My life feels oddly complete...
There seems to be no affirmative duty for the judge to inquire about immigrations status, just to admonish as to the possible consequences. Anybody else have any ideas?
PG, glad to know that I complete you. Now roll over and go to sleep.
you had me at hello...
Cue banjo music.
OK, back to our regularly scheduled show.
We all know that judges are not going to pick up the phone and call ICE from the bench when they learn that the defendant is an illegal criminal alien. So, who else does that sort of thing?
Well, I would imagine that probation officers, who are employees of the court, could do it. I know that the PSI writers determine if the defendant is an illegal alien (that can matter on punishment, especially if probation is being requested).
Locally, I know that at least one of our probation officers will call ICE. But I don't know if there is a policy. Defense attorneys likely wouldn't like the idea because of how it could interfere with any plea bargaining, but article 2.25 does provide clear authority (some might even say a mandate) for doing just that.
Of course, that doesn't take care of cases in which a PSI is not done (probably the majority of cases), especially cases with a sentence of direct confinement or fine only. I suppose someone at the jail could take note and pass it on, but we have seen substantial conflict in communities that have some sort of "sanctuary" movement.
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