ROMNEY SIGNS IMMIGRANT COURT ADVISEMENT ACT 07-04

Romney Signs Immigrant Court Advisement Act

On July 29, 2004 Governor Romney signed into law An Act Related to Court Advisement, that strengthens the requirement that judges advise criminal defendants of the potential immigration consequences of pleading guilty. The bill requires that proof of this advisement be entered into the court record for any convictions or continuances without findings to stand.

Because of changes to immigration law since 1996, offenses by legal permanent residents as minor as shoplifting or an admission to sufficient facts are seen as felony convictions and can thus result in deportation. Often immigrant defendants plead guilty because the crime was seemingly insignificant or it occurred when they were minors. Only when US Citizenship and Immigration Services (previously known as the Immigration and Naturalization Services or INS) processed citizenship paperwork did immigrants realize their plea would lead to their deportation.

According to Ali Noorani, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA), this led to an increase in detention and deportation of immigrants, which "has only served to destroy families, weaken communities and discourage immigrants from becoming citizens. Warning immigrants of the impact of their plea falls in line with the values of fairness and equity that all Americans hold dear." Noorani noted that MIRA is "grateful the Governor strengthened this statute so immigrant families and our communities remain sources of strength. Senator Mark Montigny and Representative Tony Cabral have, yet again, shown incredible dedication to the immigrant community as they shepherded the bill through the legislative process."

07/2004