In 2010, the United States Supreme Court issued its momentous Sixth Amendment right to counsel decision in Padilla v. Kentucky, 599 U.S. (2010). The Court held that, in light of the severity of deportation and the reality that immigration consequences of criminal convictions are inextricably linked to the criminal proceedings, the Sixth Amendment requires defense counsel to provide affirmative, competent advice to non-citizen defendants regarding the immigration consequences of a guilty plea, and, absent such advice, a non-citizen may raise a claim of ineffective assistance of counsel. Immigration Law is a highly specialized area of the law.
The Minority Justice Committee together with the Lancaster County Public Defender Office obtained grant funding to provide free statewide training and resources to criminal defense attorneys on the immigration consequences of criminal convictions across Nebraska in 2011 and 2012. In an effort to extend this resource beyond the grant, the Minority Justice Committee has established this webpage as resources for attorneys and judges.
- Video presentation by University of Nebraska Law Professor, Kevin Ruser
- Padilla v. Kentucky and Crimmigration Law in Nebraska Presentation (PDF)
- Order a hard copy of THE NEBRASKA CRIMINAL LAW PRACTITIONER'S GUIDE TO REPRESENTING NON-CITIZENS IN STATE COURT PROCEEDINGS by Kevin Ruser, Â© 2008, Revised, 2010, 2012