Immigration Law Firm- Wildes Law

The big costs of drug crimes, especially for immigrants

http://blog.nj.com/njv_guest_blog/2012/03/the_big_costs_of_drug_crimes_-.html

Published: Monday, March 26, 2012, 12:02 PM

By Star-Ledger Guest Columnist

Spend any time in a New Jersey city after nightfall, and it’s clear: young people come out when the sun goes down. For most, a night out is harmless enough. But once drugs enter the picture, there can be serious consequences.

These consequences can be most severe for immigrants. Besides the adverse health effects and incidence of violence that may effect anyone involved in drug-related crime, for a noncitizen even a misdemeanor conviction can lead to mandatory detention and deportation. This is true even for persons who have been living here legally for most of their lives, and who have spouses and children who are U.S. citizens.

Possession of small amounts of marijuana is the most common drug violation resulting in arrest in New Jersey. The majority of these arrests disproportionately affect Latino immigrant communities, despite studies showing whites are the principal users of the drug. The effects on these communities, which include large numbers of recent immigrants and visa holders, are immediate and significant. Detention and deportation are real possibilities for immigrants convicted of even low-level drug offenses. Only a narrow exception is extended to first-time drug offenders with legal immigration status who hope to avoid deportation.

Perhaps more alarming are the ancillary effects: the ways in which drug crime affects those not directly engaged in drug possession or sale. For instance, the recent shutdown of a popular restaurant in New York where police suspected drugs were being sold on the premises, and a probe into a Hoboken restaurant in 2009 believed to be the seat of a major drug ring led to the suspension of employees.

Under the law, simply being within reach of drugs may be legally actionable, meaning in situations like these, even employees not directly engaged in drug activity could be at risk. Such incidents could directly affect immigrant communities, many members of which are employed in the restaurant industry. In this uncertain economy, even a temporary job hiatus can be harmful – and depending on an individual's visa status, loss of employment could result in immediate forfeiture of legal immigration status and permanently forestall the path to citizenship.

Even those not subject to deportation can expect to have a more difficult time finding and maintaining employment. And, as is true for those facing any legal charge, individuals should expect to face major expenses from defense attorneys (if they decline counsel from chronically overworked public defenders), immigration attorneys (where applicable) and court fees. These costs are often prohibitive for hardworking families pushed to the brink by financial hardship.

From adverse health effects to compromised safety to financial hardship, it’s hard to overemphasize the importance of helping New Jersey residents understand the significant costs associated with drug crime – and the particular consequences affecting those with pending immigration status. Through education, we can help young people and others to make better decisions by avoiding the significant personal and communal costs of entering the criminal justice system.

Michael Wildes is the managing partner of the U.S. immigration law firm Wildes & Weinberg, P.C. Mr. Wildes is a former federal prosecutor and completed two terms as the Mayor of Englewood, where he resides.