Prof. Linus Chan Quoted by Star Tribune About Defendant Facing State and Immigration Charges and Which Takes Precedence

Professor Linus Chan, James H. Binger Clinical Professor of Law, was interviewed by the Star Tribune about an Olmsted County detention deputy who was released on bond on sexual assault charges, only to be arrested by U.S. Immigration and Customs Enforcement (ICE). The defendant subsequently pleaded guilty to a state criminal charge of which he will be sentenced next month prior to an immigration hearing and could be deported. The multiple charges has led to confusion over which case takes precedence. It’s a longstanding practice for ICE to put a hold on noncitizens who are sent to prison and then take them into custody after they serve their time. But the defendant in this case could also wind up in removal proceedings after posting bond to get out of jail for lower-degree offenses, posing an array of challenges for victims, prosecutors, attorneys, and immigrant detainees. Prof. Chan voiced concerns about ICE taking over when people have criminal sentences that don’t involve prison. When the state issues a deferred adjudication or probation and doesn’t require a prison sentence, Chan said, “what they’re trying to do is say, ‘We are trying to rehabilitate you because we think that this is going to be a better result than just putting you in prison,’ and when the federal deportation process comes in it completely upends that.” He added: “ICE doesn’t care about what the person’s sentence is unless they are sentenced to prison.”