Law Commons^™

The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing

Bill Ong Hing

The Supreme Court’s message to criminal defense attorneys in Padilla v. Kentucky was clear: when there is a risk of deportation, defense counsel has a constitutional duty to inform an immigrant defendant of the potential for deportation or adverse immigration consequences prior to pleading guilty. In my view, this constitutional duty places tremendous pressure on defense counsel to do more than advise, because once advised, the client very naturally may want to know what options are available other than going to trial. Rather than simply focusing on how to minimize the time of incarceration for the client under a particular …

Redressing The Shame Of U.S. Immigration Laws And Enforcement Policies, Bill Hing

Bill Ong Hing

n this chapter, I provide a focused view of certain examples of U.S. immigration laws and enforcement policies that have gone too far. I provide a fuller picture of employer sanctions enforcement and Operation Gatekeeper, along with harsh deportation policies that are enforced in the name of protecting our borders and ourselves from a so-called invasion of immigrants. I explain how the lack of sufficient visas and U.S. trade policies have exacerbated the alleged “illegal immigration” problem. And I discuss how a system based on ethical values is needed to remedy the evils of current U.S. immigration policies.

The experiment …

Superman Had Nothin On Keith Aoki, Bill Hing

Bill Ong Hing

In this tribute to the late Keith Aoki, Professor of Law at U.C. Davis, I point out that at the heart of much of Keith Aoki’s humanity and scholarship is a call for us to be on guard against institutional, public, and private strategies operating to disadvantage people of color and other subordinated groups. Much of his life and body of work inspires us to stand up to racism and subordination of those who are disadvantaged. In that context, I discuss recent attacks on Muslim, Arab and South Asian communities, and underscore our responsibility to speak the truth about these …