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Padilla v. Kentucky’s Inapplicability to Undocumented and Non-Immigrant Visitors

César Cuauhtémoc García Hernández

Capital University Law School; University of Denver Sturm College of Law

March 18, 2012

Rutgers Law Record, Vol. 39, 2012

The Supreme Court’s recognition in Padilla v. Kentucky that the Sixth Amendment right to counsel requires criminal defense attorneys to advise noncitizen defendants of the possibility of deportation prior to pleading guilty promises to lift the veil of misinformation from many plea negotiations. This promise, however, means little to undocumented people and non-immigrant visitors because they lack a critical characteristic that animated the Padilla Court: the right to remain in the United States indefinitely. Padilla’s advice mandate, this essay therefore argues, does not apply to undocumented individuals and non-immigrants facing criminal charges, continuing to leave them subject to the perils of incorrect or incomplete advice.

Number of Pages in PDF File: 8

Keywords: Padilla v. Kentucky, Sixth Amendment, right to counsel, ineffective assistance of counsel, effective assistance of counsel, crimmigration, immigration law, criminal procedure

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Date posted: March 20, 2012  

Suggested Citation

García Hernández, César Cuauhtémoc, Padilla v. Kentucky’s Inapplicability to Undocumented and Non-Immigrant Visitors (March 18, 2012). Rutgers Law Record, Vol. 39, 2012. Available at SSRN: https://ssrn.com/abstract=2025760

Contact Information

César Cuauhtémoc García Hernández (Contact Author)
Capital University Law School ( email )
303 E. Broad St.
Columbus, OH 43215-3200
United States
(614) 236-6273 (Phone)
(614) 236-6956 (Fax)
HOME PAGE: http://www.crImmigration.com
University of Denver Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
HOME PAGE: http://www.crImmigration.com

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