Immigrants and Problem-Solving Courts

• NCJ Number: 224372
• Journal: Criminal Justice Review Volume: 33 Issue: 3 Dated: September 2008 Pages: 308-328
• Author(s): Alina Das
• Date Published: September 2008
• Length: 21 pages
• Sponsoring Agency: New York State Defenders Assoc, Inc; Open Society Foundation
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This article explains the consequences that immigrant defendants face by participating in problem-solving court programs, why courts should be concerned about these consequences, and how courts may adopt programs and policies that address these issues.

Abstract

Problem-solving courts are in a unique position to address many of the unintended and counterproductive consequences that affect individuals with criminal records, their families, and their communities. For the most part, the alternatives offered by problem-solving courts do remove many of the barriers to community reentry and reintegration that defendants face once they are no longer directly involved in the criminal justice system. However, noncitizen (immigrants) defendants who successfully participate in problem-solving courts may face unexpected immigration consequences. Problem-solving courts may address these concerns by evaluating the immigration consequences of dispositions and policies, implementing flexible alternatives where appropriate, instituting trainings and advisories on immigration consequences, and providing immigration-related services as part of their programming for defendants and the community. Taking these steps will ensure that immigrants, as well as their families and communities, experience the full benefits of problem-solving justice. One of the defining measures of the effectiveness of the problem-solving court model is its impact on defendants. The goal is to provide innovative solutions to complex legal and social problems affecting victims, defendants, and communities. However, problem-solving courts are increasingly imposing requirements that adversely affect immigrant defendants seeking to participate in alternative sentencing and diversion programs. Upfront guilty pleas, admissions of guilt, and jail sanctions may leave immigrants at risk of deportation and other negative immigration consequences. This article explains why immigrant defendants are at risk and how problem-solving courts may adopt programs and policies that address these concerns for immigrant communities. Notes and references