Seeking Dismissal of a Criminal Case When a Client Cannot be Returned from ICE Custody or Has Been Deported

This guide from the Massachusetts Committee for Public Counsel Services, Immigration Impact Unit, offers defense attorneys a step-by-step outline for handling a client’s case when they are detained in ICE detention facilities or have been deported.

From the report:

“To address the concerns these open cases pose to our clients, this advisory lays out potential legal arguments for contesting the issuance of default warrants, compelling the Commonwealth to secure the defendant’s appearance, and dismissing cases where the defendant has been detained by federal immigration authorities and removed from the Commonwealth or the United States. Given the negative immigration consequences of open cases, the IIU [Immigration Impact Unit] hopes that defense counsel will advocate for cases to be resolved and/or dismissed even when their clients have been arrested by ICE.”