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house of delegates resolutions
104E
ADOPTED AS REVISED

Urges Identification of Juvenile Defendants’ Immigration Status

Resolved, That the _ urges federal, state, territorial, tribal,

and local courts to:

(a)  Ensure that defense counsel to for a juvenile in a criminal or juvenile adjudication of delinquency proceeding

  1. inquiries and investigates the juvenile defendant’s actual immigration status and informs the client about the immigration penalties and/or consequences that may stem from the case, the varying consequences that may flow from different dispositions of the case, and as well as the availability of any relief from possible consequences; and
  2. seeks, when practicable, to minimize adverse immigration consequences, according to the best interests of the client.

(b) Provide Inform non-U.S. citizen juvenile defendants as early as possible in the court process, but in all cases at the plea colloquy, of their right to advice regarding the immigration penalties and/or consequences that may stem from the case, the varying consequences that may flow from different dispositions of the case and the availability of any relief from possible consequences with judicial warnings about the immigration consequences of criminal or delinquency proceedings; and

(c)  Ensure, without infringing attorney-client privilege and without inquiring into the juvenile’s immigration status unless alienage is an element of the charge, that a juvenile’s plea to any offense is knowingly, voluntarily, and intelligently made, and that the juvenile is aware of the right to obtain and has had the opportunity to obtain advice regarding the immigration penalties and/or consequences that may stem from the case, the varying consequences that may flow from different dispositions of the case, and the availability of any relief from possible consequences, specifically considering any direct or indirect immigration consequences or penalties based on the individual’s entry of a plea to an offense.

Further Resolved, That the _ urges legal service organizations, federal, state, and local bar associations, and other legal assistance providers to:

(a) Provide training to judges, prosecutors, criminal defense lawyers, and legal aid lawyers about the immigration consequences of criminal of criminal convictions and juvenile adjudications of delinquency and any available relief from such consequences, and in the duty of defense attorneys to fully address immigration consequences in their representation of juveniles; and as set forth by the Supreme Court of the United States in the case Padilla v. Kentucky;

(b) Develop pro bono programs to counsel indigent, non-U.S. citizen juvenile defendants about the immigration consequences of criminal or delinquency proceedings; and

(b) Support efforts to provide necessary resources to defense counsel and defender agencies and organizations to provide their noncitizen juvenile clients effective legal representation that effectively and competently discharges their duty to fully address immigration consequences in their representation of juveniles.

(c) Provide pro bono representation or reduced fee support services to advise indigent, non-U.S. citizen juvenile defendants about the immigration consequences in a particular case.

DELETIONS STRUCK THROUGH; ADDITIONS UNDERLINED