Michigan Supreme Court to consider new rule for immigrant defendants

The Michigan Supreme Court will consider a rule for Michigan courts requiring a trial judge to warn defendants pleading guilty or no contest to criminal charges that such pleas could result in immigration action.

A press release from the state’s high court says the members will consider the administrative rule change Thursday at a hearing in Lansing. The release says the rule is under consideration to bring the courts into compliance with a March 31 U.S. Supreme Court ruling.

In that ruling, Padilla v. Kentucky, the court ruled defendant Jose Padilla, a legal permanent resident of the U.S., was denied effective counsel when he agreed to a guilty plea in a criminal case. The court found that while Padilla had been assured by his counsel that the plea would have no impact on his immigration status, a plain reading of the law would have found otherwise. In fact, the court found, because of the guilty plea Padilla faced deportation to his home country of Honduras. As a result, Padilla was not provided adequate counsel.

To address this issue, Michigan’s high court will consider amending its rules to direct state court judges to inform defendants that a guilty plea could impact immigration status. The administration conference will be held Thursday June 3 at 9:30 a.m. in the Supreme Court building’s 6th floor. The building is located in Lansing.