Massachusetts law about immigration consequences of state convictions

Laws, cases, and web sources on the immigration consequences of state criminal convictions.

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Table of Contents

Best bet

Immigration consequences of Massachusetts criminal convictions, Committee for Public Counsel Services Immigration Impact Unit, March 2022. 
Written for defense attorneys, this guide presents "the most conservative analysis of the ramifications of criminal conduct." Includes detailed information on grounds for deportation or inadmission, post-conviction relief, expungement and pardon, and helpful charts of crimes and immigration consequences. 

Massachusetts laws

MGL c.278, § 29D Court must tell defendants making a plea of guilty, plea of nolo contendere, or an admission to sufficient facts about potential immigration consequences of their decision

Massachusetts court rules

Mass. R. Crim. P. 12 (c) (3) (A) (iii) (b) & 12 (d) (3) (A) (iii) (b) Judge shall provide specific notice to defendant of consequences of plea. Also contains notes to decisions as the rules are modified.

Federal laws

8 U.S.C. § 1101 (a)(43) Definition of aggravated felony under 8 U.S.C. § 1227 (a)(2)(A)(iii)

8 U.S.C. § 1101 (a)(48) Definition of conviction and sentence

8 U.S.C. § 1227 (a)(2)-(7) Grounds for deportation such as crimes of moral turpitude, aggravated felonies, failure to register as a sex offender, controlled substances convictions, firearms offenses, crimes of domestic violence, among others

Selected cases

Web sources

Grounds of deportation for criminal conviction, Mass. Legal Help, produced by Political Asylum/Immigration Representation Project, October, 2015.
Provides information on deportation and criminal convictions in a clear question and answer format.

Committee for Public Counsel Service Immigration Impact Unit 
The CPCS Immigration Impact Unit is available to all CPCS staff attorneys and bar advocates for assistance on matters affecting noncitizen clients by providing training, post-conviction litigation support, and advice on minimizing adverse immigration consequences in individual cases. See also: Committee for Public Counsel Service Immigration Impact Unit - links to other resources.

Immigration consequences of crimes summary checklist, Immigration defense project, 2017.
A summary of immigration consequences of crimes in a 2-page chart/checklist format.

Immigration consequences of criminal activity, Congressional Research Service, May 28, 2021. 
A thorough and detailed overview written for the members of Congress with easy-to-read tables and charts.

Print sources

Crime and consequence: the collateral effects of criminal conduct, MCLE, 2013.
Chapter 8: Immigration

Criminal defense motions, 5th ed. (Mass Practice v.42), Thomson Reuters, 2019 with supplement.
Sections 9.1-9.3 Collateral consequences.

Criminal/immigration law training conference, Mass. Bar Inst., 2012.
Includes Immigration consequences of criminal conduct - Ice custody, detainers, bail issues, immigration bond/mandatory immigration detention - Post-conviction relief - Forms of immigration relief and the role of criminal convictions.

Criminal practice and procedure, 4th ed. (Mass practice v.30A), Thomson Reuters, 2014 with supplement.
Sections 24:71-24:74 Constitutional notice, Statutory warning.

Crimmigration 101, MCLE, 2017.

Crimmigration law, Hernandez, Garcia, ABA, 2021.

Immigration consequences of criminal activity: a guide to representing foreign-born defendants, American Immigration Lawyers Association, 2021.

Immigration, criminal defense and civil rights, MCLE, 2012.

Immigration law and crimes, West, 2012 with supplement.

Immigration practice manual, 3rd ed., MCLE, loose-leaf, Chapters 19 and 20. 

Kurzban's immigration law sourcebook: a comprehensive outline and reference tool, American Immigration Lawyers Association, 2022.
Chapter 3: Admission and removal.

Removal defense: defending immigrants in immigration court, Immigration Legal Resource Center, 2017. 

Contact   for Massachusetts law about immigration consequences of state convictions

Last updated: March 13, 2024

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