Law, College of
Date of this Version
2025
Document Type
Article
Citation
Ruser, Kevin. 2025. The Nebraska Criminal Law Practitioner's Guide to Representing Non-Citizens in State Court Proceedings, 2025 Edition. Lincoln, Nebraska, 2025.
Abstract
PREFACE TO THE 2025 EDITION
There have been a good deal of developments in this area since the 2023 revision to this Guide. Two are especially notable. The first is the 2024 decision by the United States Supreme Court in Loper Bright Enterprises v. Raimondo, in which the Court overruled its 1984 decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Although the contours of Loper Bright are still playing out, it is clear that the level of deference given to agency interpretations of the law under Chevron is no longer appropriate. That obviously has significant implications for immigration law. The second notable development occurred on January 20, 2025, when the second Trump Administration took office. It is fair to say that this development has significantly impacted immigration law in ways that are unprecedented in the past half century.
On March 31, 2010, the lives of criminal law practitioners changed dramatically. On that day, the United States Supreme Court issued a landmark decision in the case of Padilla v. Kentucky holding that criminal defendants have a Sixth Amendment right to be advised by their lawyers of the potential immigration consequences of guilty pleas they are contemplating. It is my hope that this Guide will be of assistance to criminal defense attorneys, prosecutors, and judges as they negotiate the mine field that lies at the intersection of criminal and immigration law. The scope of this Guide is limited to potential immigration consequences of Nebraska state criminal proceedings. And even with that limitation, this Guide is far from comprehensive in its treatment of Nebraska state criminal law. The goals of this Guide are to give Nebraska criminal law practitioners and judges an overview of the federal immigration system, acquaint them with immigration issues that may arise as the result of state criminal proceedings, and analyze various Nebraska criminal statutes in terms of their potential immigration consequences.
Crimmigration charts 2025
Comments
Copyright 2025, Kevin Ruser