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GLC Releases Explainer: ‘State Criminal Law and Immigration: How State Criminal-Justice Systems Can Cause Deportations, or Limit Them’

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The Government Law Center at Albany Law School is pleased to announce the latest publication in its explainer series on immigration law topics for state and local policymakers.

The explainer, entitled "State Criminal Law and Immigration: How State Criminal-Justice Systems Can Cause Deportations, or Limit Them," was authored by Kendra Sena, Senior Staff Attorney at the Government Law Center.

While the federal government makes the ultimate decision whether to admit or deport a noncitizen, the states often play a crucial role. Several provisions of federal immigration law that trigger deportation depend in large part on crimes that are defined, charged, and sentenced at the state level.  Even a conviction for a low-level crime for which a state imposes no jail time can result in serious immigration consequences—including deportation.  

The new publication examines prosecutorial discretion, executive pardons, reducing misdemeanor sentences, and decriminalization as ways in which states are exercising their authority over state criminal law and procedure to influence federal immigration enforcement.

Read the Explainer

The Government Law Center helps state and local governments better serve their communities while training the next generation of leaders in public service. We are a diverse and inclusive group of practitioners, students, and scholars working together to produce high-quality, reliable, nonpartisan legal research and analysis.

The Government Law Center immigration explainer series concisely maps out key topics in state and local immigration law to help inform state and local policymakers. View the Government Law Center's immigration explainer series here.