This Comment examines the use of guilty pleas by alien defendants. The author suggests that, while the Immigration and Nationality Act provides for deportation of aliens convicted of specified crimes, alien defendants frequently offer guilty pleas unaware or misinformed that they thereby subject themselves to potential deportation. The author argues that, traditionally, courts have not had to inform defendants of deportation consequences, but that deportation can be devastating to the alien and his family. The author concludes that a plea is not fully voluntary if offered unaware of such serious implications, and that courts should be required to inform alien defendants of deportation consequences before accepting pleas of guilty.
David M. McKinney,
The Right of the Alien to Be Informed of Deportation Consequences before Entering a Plea of Guilty Or Nolo Contendere,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol21/iss1/9