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September 24, 2018

Addressing Juvenile Defendant's Immigration Status


RESOLVED, That the American Bar Association urges federal, state, territorial, tribal, and local courts to: 

(a) Ensure that defense counsel for a juvenile in a criminal or juvenile adjudication of delinquency proceeding: 

1. inquires and investigates the juvenile defendant's actual immigration status and informs the client about the immigration penalties and/or consequences that may stem from the case, the varying consequences that may flow from different dispositions of the case, and the availability of any relief from possible consequences; and 

2. seeks, when practicable, to minimize adverse immigration consequences, according to the best interests of the client.