Immigration Issue Spotting for Michigan Family and Criminal Lawyers
Key Takeaways
Immigration issues can seriously impact family and criminal law matters. Even minor oversights may set in motion devastating consequences including Immigration and Customs Enforcement (ICE) detainers or issues with enforcement of child custody orders.
This summary of your “Immigration Guidance for Everyday Criminal and Family Law Practice” on-demand seminar featuring lawyers Shahad Atiya and Cecil Roberson highlights what Michigan lawyers must keep in mind when dealing with this thorny issue.
1. Screen Every Client’s Status
Never assume someone’s immigration status based on how long they’ve lived in the United States, their work history, or their family ties. Always ask potential clients about citizenship, immigration status, country of birth, and any dual citizenships—along with the status of spouses, children, or partners. Early identification is essential to issue spotting and risk management.
2. Beware Collateral Immigration Consequences in Criminal Cases
Even if criminal charges are minor or dismissed, ICE detainers may result in removal proceedings. Defense lawyers should consider the timing of bond, the impact of probation requirements, and the specifics of plea agreements—particularly in cases involving controlled substances, such as marijuana, which remains illegal under federal law regardless of changes in Michigan statutes.
3. Spot Pitfalls for Multinational Families
Multinational families involve several unique risks:
• Children may have multiple citizenships or passports, raising abduction concerns.
• Divorce and custody orders may require coordination with international conventions and foreign courts; document enforceability is paramount.
• Advise clients to have a contingency plan (guardianship, power of attorney) if a parent is at risk of removal or detention.
4. Handle Intersecting Legal Issues
Criminal charges—even if later dismissed—may impact a client’s immigration case, employment, and family stability. Likewise, a felony nonsupport charge may result in an ICE hold and removal proceedings for a noncitizen parent. Early detection and collaboration with immigration counsel can often prevent irreversible consequences for clients.
5. Manage Risk Through Collaboration
Develop regular consultation channels with experienced immigration counsel. Train your team to spot immigration red flags and refer when issues surface. Ongoing education and attention to changes in immigration law and procedures are essential to serving your clients effectively.
6. Provide Ethical, Holistic Representation
Legal systems don’t operate in silos. A family court outcome may have immigration consequences; a criminal conviction may upend a client’s parental rights or residency. Approach every case with sensitivity to these overlaps.
Final Thoughts
Vigilance at intake, scrupulous documentation, cross-disciplinary awareness, and early referral to immigration experts are the keys to advising clients about immigration consequences in the criminal and family law contexts.
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This summary of ICLE resources was created with the assistance of AI.