NY Top Court Requires Deportation Warning


New York trial judges must warn non-citizens they may be deported before allowing them to plead guilty to felonies, the state’s highest court ruled Tuesday.

The Court of Appeals, divided 5-2, cited increased deportations by immigration authorities which they said violated criminals’ constitutional right to due process. They rejected prosecutor arguments that Immigration and Customs Enforcement has considerable discretion in deciding whom to deport. The roughly 188,000 non-citizen convicts now deported annually, up from about 37,000 when the federal law was amended in 1996, “would probably beg to differ on the point, and rightly so,” the ruling read.