On January 25, 2016, Trump signed two draconian executive orders targeting documented and undocumented immigrants in the United States. There has been much attention regarding the executive orders barring refugees and any citizens’ entry of seven predominately Muslim countries. However, the impact on the criminal justice system regarding immigrants currently in the United States has received far less attention.
The Supreme Court case Padilla v. Kentucky placed an affirmative obligation on criminal defense attorneys to advise immigrant clients about potential immigration consequences for entering into guilty pleas. That seminal case created significant overlap between criminal defense and immigration law. Trump’s recent Executive Orders and their likely impact on the criminal justice system further blur the line between criminal defense and immigration law.