Last week, we wrote about New Jersey Attorney General Law Enforcement Directive 2018-6, which directs state law enforcement to refrain from actively enforcing immigration law except in narrowly defined circumstances. Two salient aspects of the directive prohibit law enforcement from providing notice of an immigrant detainee's upcoming release from detention to ICE; and continuing detention of an immigrant detainee, pursuant to a detainer, beyond the time the person would be eligible for release. It is important to note that these two guidelines do not apply in the case in the case of foreign nationals charged with, convicted of, or adjudicated delinquent of a "violent or serious offense." Fortunately, this classification is much less ambiguous than some federal immigration terms, many of which are amorphous and subject to interpretation.
New Jersey Shoplifting Theft Offense Held Not To Be Deportable
Late last month, attorneys in New Jersey were pleasantly surprised to learn of a one-year-old immigration court decision that directly implicates many issues currently impacting foreign nationals charged with disorderly persons offenses in our state. Although unpublished and hence, non-precedential (in other words, courts are not bound to follow the ruling of this case), In re: Mario Harold FLORES may afford defense counsel with greater weight to argue that misdemeanor offenses-technically non-indicatable offenses-in New Jersey are not "convictions" within the meaning of the Immigration and Nationality Act. (A "conviction" under section 101(a)(48) can form the predicate basis of a ground of removability.)
Not All Deportable Conduct Requires a Conviction
In order for our government to remove a foreign national on the basis of criminal conduct, a conviction is normally required. In terms of what constitutes a conviction, the Immigration and Nationality Act (INA) states as follows:
Can I Be Arrested At Court By ICE? | Superior and Municipal Criminal Court
Late last week, Chief Justice Stuart Rabner of the New Jersey Supreme Court urged in a letter to Secretary of Homeland Security John Kelly that courthouses be added to the list of "sensitive locations." A sensitive location, according to ICE and CBP policies, is a place where immigration agents are generally supposed to avoid while carrying out enforcement operations. Recognized locations currently include:
Can Reckless Driving in NJ Cause Deportation? | Immigration Criminal Defense
In New Jersey, reckless driving is punished under Title 39. It is not classified as a criminal offense, which is codified under Title 2C of the New Jersey Code. 39:4-96 reads, in part:
212h Criminal Waiver | Not All Permanent Residents Barred From Applying
The Board of Immigration Appeals (BIA) recently issued an important precedential decision in Matter of J-H-J, 26 I & N Dec. 563 (BIA 2015) that affects individuals who may need to file criminal waivers in order to stay in the United States. This is a notable decision 
because the Board has retreated from its former position and withdrawn from two previous decisions regarding the same issue.
Possession of Drugs in Car in NJ (39:4-49.1) Can Affect Immigration
While most non-US citizens are generally aware that being convicted of a major crime may render them deportable, many will often underestimate the impact of certain traffic offenses on their immigration status. In New Jersey, for example, there is a traffic offense that is often charged as a companion offense to criminal offenses involving drugs, namely, 39:4-49.1 Drug Possession by Motor Vehicle Operator. This particular offense can be particularly virulent to a non-citizen because it is often dismissed as a something that is not criminal when, in fact, it is actually quite nasty.
Don't Gamble With US Citizenship | Underage Gambling Charges in New Jersey
While many minors are aware, or should be aware, that underage gambling is against the law, foreign-born minors may be exposed to additional collateral immigration consequences that are not as well known. While the offense is not found in or classified as a Title 2C criminal offense, it is nevertheless considered a disorderly persons offense. New Jersey Statute 5:12-119 provides in part:
New Jersey DWI Breath Test Refusal Can Affect Immigration
Green Card holders and those who are not citizens need to be aware of the serious consequences of a Refusal To Submit to Breath Test.
New Jersey Criminal Law and Immigration: Conditional Discharge May Help First-Time Drug Offenders Avoid Deportation
Individuals charged with minor drug offenses in New Jersey in municipal court may be offered an opportunity to apply for and receive a conditional discharge. For a non-US citizen, it is critical to always consult with immigration counsel first before doing anything that is criminal related. Possession of marijuana offenses and paraphernalia offenses are particularly tricky because notwithstanding that fact that conviction of an offense related to controlled dangerous substances may render an individual deportable (not to mention disqualify him/her from receiving permanent residence), New Jersey's conditional discharge program may offer an "out" or provide an escape clause.
732-516-1717