The Legislature finds and declares all of the following:
4(a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United
5States Supreme Court held that the Sixth Amendment requires
6defense counsel to provide affirmative and competent advice to
7noncitizen defendants regarding the potential immigration
8consequences of their criminal cases. California courts also have
9held that defense counsel must investigate, advise regarding, and
10defend against, potential adverse immigration consequences of a
11proposed disposition (People v. Soriano, 194 Cal.App.3d 1470
12(1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v.
13Bautista, 115 Cal.App.4th 229 (2004)).
14(b) In Padilla, the United States Supreme Court
15consideration of immigration consequences by both parties in the
16plea negotiating process. The court stated that “informed
17consideration of possible deportation can only benefit both the
18State and noncitizen defendants during the plea-bargaining
19process. By bringing deportation consequences into this process,
20the defense and prosecution may well be able to reach agreements
21that better satisfy the interests of both parties.”
22(c) In Padilla, the United States Supreme Court found that for
23noncitizens, deportation is an integral part of the penalty imposed
24for criminal convictions. Deportation may result from serious
P3 1offenses or a single minor conviction. It may be by far the most
2serious penalty flowing from the conviction.
3(d) With an accurate understanding of immigration
4consequences, many noncitizen defendants are able to plead to a
5conviction and sentence that
satisfy the prosecution and court, but
6that have no, or fewer, adverse immigration consequences than
7the original charge.
8(e) Defendants who are misadvised or not advised at all of the
9immigration consequences of criminal charges often suffer
10irreparable damage to their current or potential lawful immigration
11status, resulting in penalties such as mandatory detention,
12deportation, and permanent separation from close family. In many
13cases, these consequences could have been avoided had counsel
14provided informed advice and defense.
15(f) Once in removal proceedings, a noncitizen may be
16transferred to any of over 200 immigration detention facilities
17across the country. Many criminal offenses trigger mandatory
18detention, so that the person may not request bond. In immigration
19proceedings, there is no court-appointed right to counsel and as
20a result, the majority of detained immigrants
21Immigration judges often lack the power to consider whether the
22person should remain in the United States in light of equitable
23factors such as serious hardship to United States citizen family
24members, length of time living in the United States, or
26(g) The immigration consequences of criminal convictions have
27particularly strong impact in California. One out of every four
28persons living in the state is foreign-born. One out of every two
29children lives in a household headed by at least one foreign-born
30person. The majority of these children are United States citizens.
31It is estimated that 50,000 parents of California United States
32citizen children were deported in a little over two years. Once a
33person is deported, especially after a criminal conviction, it is
34extremely unlikely that he or she ever is permitted to return.
35(h) It is the intent of
the Legislature to codify Padilla v. Kentucky
36and California case law.