quick reference chart and notes for determining immigration - ILRC

California Quick Reference Chart and Notes
February 2010
C. Prisoners with Detainers Serving Sentences
Detainers are routinely lodged against aliens serving sentences in jails or prisons if they
are subject to deportation. Strategies include:
‣ If an alien is convicted of a crime and the alien is either undocumented, out of status, or
the conviction renders the alien deportable, it is important to try to obtain a sentence
which would not require the defendant’s incarceration, in order to avoid contact with
immigration.
‣ Consider an appeal, including a slow plea, if it is not too late. See Note 2: Definition of
Conviction.
‣ A defendant sentenced for an offense is not subject to being taken into custody by ICE
until after completion of the defendant’s sentence to confinement. ICE can take custody
of the individual even if the defendant is released on probation or parole or supervised
release. In relatively rare cases, removal hearings are held in prison, before the
noncitizen completes his or her sentence.
‣ Warn an alien who will be deported about the risk of federal prosecution for illegal reentry
into the United States. The penalties are especially severe if there is a prior
conviction of an aggravated felony or certain other felony convictions. See Note 1:
Defense Goals, Part D. “The Immigration Strike”
Immigrant Legal Resource Center N-59