Instilling Confidence in the Criminal Justice System for the Immigrant Community

• Publication year: 2017
• Author: By Allison G. Macbeth

INSTILLING CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM FOR THE IMMIGRANT COMMUNITY

By Allison G. Macbeth^*

Well after the recent presidential election, immigration remains at the forefront of the national debate. This public debate, though, has negatively impacted the criminal justice system in real ways. Recent statistics provided by law enforcement have shown that reports of crime in immigrant communities are down. For example, reports of domestic violence are down 18 percent among the Latino community and down 29 percent among the city's Asian community for the first half of 2017 compared to the same time in 2016, according to SFPD data.

The fears harbored by the undocumented immigrant community are real and legitimate. The Los Angeles Times reported that Immigration and Customs Enforcement (ICE) agents arrested a criminal defendant as he walked out of the courtroom.¹ The defendant's attorney, Mr. Octavio Chaidez, said he had never—in his 15 years as a defense attorney—seen ICE agents make an arrest inside a courthouse. The article also reported that courtroom sweeps had occurred not just in California, but also in Arizona, Texas, and Colorado.

California Chief Justice Tani Cantil-Sakauye condemned these tactics and highlighted the unfairness of these sweeps in the very place where fairness should rule:

Courthouses should not be used as bait in the necessary enforcement of our country's immigration laws[.] [ . . . ] Enforcement policies that include stalking courthouses and arresting undocumented immigrants, the vast majority of whom pose no risk to public safety, are neither safe nor fair.

The Chief Justice added:

Crime victims, victims of sexual abuse and domestic violence, witnesses to crimes who are aiding law enforcement, limited-English speakers, unrepresented litigants, and children and families all come to our courts seeking justice and due process of law. As finders of fact, trial courts strive to mitigate fear to ensure fairness and protect legal rights. Our work is critical for ensuring public safety and the efficient administration of justice.

But what can be done? Some have proposed Local Rules to govern how and when a victim's or witness's immigration status may be revealed in either in the courtroom or in publicly filed documents. Others have pursued a state-wide legislation or changes to the ethics rules. Each method enlists the court to ensure fairness and protect legal rights. In essence, the court acts as a gatekeeper to determine at the...