Many people immigrate to the United States, both legally and illegally. There are numerous crimes involving the immigration laws. Such offenses can involve not only the immigrant, but also anyone who hires or assists a person who comes into this country without proper permission to do so.
More and more employers are facing numerous issues stemming from hiring and employing people who are not citizens of the United States. The United States Government is also bringing an increasing number of criminal cases against employers based on claims that the employer violated immigration laws when hiring or employing persons from other countries. These cases are complicated for a number of reasons. First, the attorney needs to fully understand the employer's business. Next, such prosecutions require that the lawyer delve into the thicket of immigration laws, a very complex area. Additionally, the attorney defending such a case needs to be well aware of the complexities of criminal cases in the federal court system. Finally, many of these cases involve workers who do not speak English or for whom English is a second language. The attorney working on such a case needs to understand all these factors in order to adequately help an employer facing an investigation or prosecution in this increasingly common type of prosecution.
Many states have recently begun enacting their own laws that can impact what an employer can, and cannot, do when hiring workers who come from other countries. Some of these recent state laws also carry possible criminal penalties that can be imposed on employers or companies who impermissibly hire and employ persons with no legal status in the United States. Criminal defense attorneys need to be well aware of this growing number of state laws when advising employers and companies that face potential criminal investigations and possible prosecution.
Not only do immigration cases affect employers, other persons can be impacted because of a criminal prosecution. Immigration laws also have a huge impact on other types of criminal cases. For example, a legal immigrant can be "deported" or "removed" from the United States if he or she is convicted of certain types of crimes. Deportation or removal can come about even if the person gets probation. Non-citizens charged with crimes need the help of experienced criminal defense attorneys to chart their way through the problems they face in both the criminal courts as well as the immigration system. More and more, we need to take immigration consequences into account when we represent people who are accused of criminal offenses.
At Kish & Lietz, we have represented people from all four corners of the globe. We also represent U.S. citizens who are accused of violating some aspect of the complicated immigration laws. In all such cases, we recognize the seriousness of the charges, and how important it is to try and help our clients and their families deal with this extremely stressful situation. If you need help in these type of cases, please feel free to call (404) 588-3991, or contact us online.