The Intersection of Immigration and Criminal Law: Legal and Ethical Considerations
What does the criminal Justice and immigration Act 2008 mean?
The Bill sets out new powers to deal with anti-social and violent behaviour, make sentencing decisions clearer and introduces a new community sentence for young offenders.
The Intersection of Immigration and Criminal Law: Legal and Ethical Considerations
Immigration and criminal law are two distinct and separate areas of the law. Immigration law deals with who can legally enter and remain in a country, and criminal law deals with the actions of individuals that are considered criminal and the punishments for those actions. However, these two areas can intersect in various ways in which an immigrant could face both civil and criminal punishments for their actions.
When navigating this intersection, there are both legal and ethical considerations lawyers must take into account. From an ethical standpoint, lawyers must consider the varying levels of social power and privilege related to immigrants and their rights under the law. As many immigrants come from low socioeconomic backgrounds and lack the resources to adequately advocate for themselves, they can face unfair and unjust treatment by those wielding more power and privilege. This speaks to the ethical responsibilities to be mindful and compassionate of the experiences underlying many immigrants’ entry and residence into a country, and to understand that many times, the ultimate goals of the law are not being hearing because of the disparities of social power.
Legally, there are many characteristics of immigration that can lead to confusion in trying to navigate the intersection of immigration and criminal law. Immigration status itself can be an issue as undocumented immigrants may not be aware of their rights and can be more vulnerable to unscrupulous actions such as unfair deportation or discrimination. Additionally, the complexities of dual citizenship for immigrants can lead to the complexities of various criminal or civil proceedings when the home country of an immigrant may have different laws than those of the country in which they reside.
In dealing with this intersection, it is important for lawyers to consider both the legal and ethical implications of their actions. In doing so, they can ensure that the rights of immigrants are respected, that they are afforded the same legal protections as other individuals, and that they are not discriminated against due to their race or country of origin.
