Posted by Shreya Mandal on 1/28/06

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Does immigration defense require mitigation and advance re-
entry preparation?
By Shreya Mandal, JD, LMSW

Since the passage of the United States Patriot Act,
we are increasingly seeing the impact of collateral
immigration consequences of criminal convictions on our
clients. Our clients face the additional struggles of
mandatory deportation and detention despite the economic
and social hardships they’ve endured.
Despite harsh immigration laws, people may pursue
some equitable relief on grounds of requesting political
asylum, or a demonstration of extreme hardship to
immigration judges. By the time immigrant clients arrive at
this stage of defense however, extensive mitigation is
often not thoroughly conducted, increasing the risk of
deportation without adequate information and advocacy.
I recently engaged in a discussion about this with
a friend who specializes in immigration consequences for
those who have criminal convictions. After talking with
her, it became clear to me that immigrant defense requires
a similar approach often taken in sentencing mitigation. At
the point that it is determined that a case requires
special attention to possible equities, information on life
histories, supporting records, and supporting witnesses
could greatly benefit the defense during an immigration
proceeding. In addition, the mitigation process can afford
the specialist additional time in researching and ensuring
proper re-entry services should deportation may be
necessary after all. The added task of seeking basic re-
entry services in the client’s country of origin can be
quite a challenge, since developing countries often lack
basic resources and social services.
Although mitigation is not required under
immigration laws unlike capital mitigation in death penalty
cases, defense attorneys representing immigrants, and
immigrant defense attorneys can argue the need and
importance in presenting such information to immigration
judges. Also, from experience, judges will more likely than
not appreciate the availability of such resources aiding
them in their determinations.
Thus immigration attorneys could greatly enhance
their practice by working in multidisciplinary teams of
lawyers, investigators, mitigation specialists, and
paralegals. Investigators can be instrumental in
confirming facts and background checks. Mitigation
Specialists are usually trained in conducing client and
family interviews, mental health assessments, and in
presenting overall life histories. Paralegals usually have
the knowledge base in records retrieval and acting as
liaison with various institutions and government agencies.
A team-oriented approach could provide holistic solutions
to immigrant defense practices.

Immigrant Defense Mitigation in NY & NJ

Mitigation Assessment for Immigration Defense Practitioners, 1/28/06, by Shreya Mandal.

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