Adverse Consequences and Constructive Opportunities for Immigrant Youth in Delinquency Proceedings

Volume 88, No. 4, Summer 2016

By Theo Liebmann, Clinical Professor of Law and Director of Clinical Programs, Maurice A. Deane School of Law at Hofstra University [PDF]

For lawyers representing youth in juvenile delinquency cases, providing sound, knowledgeable counsel on immigration issues can empower clients to make informed decisions and help protect clients from potential adverse immigration consequences. This Article closely examines those consequences and opportunities; articulates the extent of the duty for lawyers who represent minors in delinquency cases to be able to competently advise and advocate for their clients, under both existing ethical rules and the 2010 Supreme Court decision Padilla v. Kentucky; and analyzes the challenges of applying those standards to the representation of immigrant youth in delinquency proceedings.

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