Defending criminal(ized) aliens after Padilla: Toward a more holistic public immigration defense in the era of crimmigration

Report Author: 
Andres Dae Keun Kwon
Original Date of Publication: 
May, 2016

In 2010 under Padilla v. Kentucky, the Supreme Court issued that criminal defense attorneys, including public defenders, must advise their clients about the potential immigration implications of their criminal case. In response, many legal firms began hiring immigration experts to supplement their legal team. In 1997, the trailblazing Bronx Defenders (BxD), a legal firm offering free legal counsel, adopted a holistic approach to legal services. The BxD's interdisciplinary approach allows for criminal defense attorneys, immigration attorneys, and social workers among other professionals to work together to address their clients' needs. Specifically, social workers address clients' psychosocial needs, while also serving as expert witnesses in hearings. Although criminal and immigration law are broad realms, they often intersect for immigrants involved in the criminal justice system and various types of immigration cases (e.g. asylum, U Visas). Therefore, social work plays an integral role in interdisciplinary approaches that improve client care and meets the needs of immigrant clients for and beyond their legal case. (Immigrant Integration Lab)

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Citation: 

Kwon, A. D. K. (2016). Defending criminal(ized) aliens after Padilla: Toward a more holistic public immigration defense in the era of crimmigration. UCLA Law Reivew, 63(4), 1034–1108.

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