Legal Question in Immigration Law in Washington
Inquiring over possibility of deportation over possion charges
I was inquiring as to whether or not a local police department has the authority to have a student removed from the country over the possesion of empty bags of marijuana. A local campus police department is threatening a fellow student with possesion charges, claiming that they will contact the INS in order to have him removed from college as well as the country. Also what are the states statute of limitations over criminal procedings in a case like this, as well as what rights does the student have to denying strip searches and interrogations.
2 Answers from Attorneys
Re: Inquiring over possibility of deportation over possion charges
That is sad to hear. Nearly any drug conviction can be grounds for deportation of any alien. I am no criminal law expert, but I understand that drug paraphrenalia and even residue can be grounds for a charge of violation of some part of the WA criminal law. Local police do not have deportation authority. BUt sometimes they do work with INS. It sounds like your friend should get very good criminal law advice and good immigration advice to know where he or she stands. Unfortunately you cannot believe the police in many situations like this. They can lie.
Re: Inquiring over possibility of deportation over possion charges
Your friend needs to have either a competent criminal attorney with immigration knowledge or a criminal defense attorney working with an immigration lawyer to review the immigration consequences of any potential disposition of the criminal matter and negotiate with the prosecution accordingly. I have worked with criminal defense counsel in many cases like this, and I know I am not alone among immigration attorneys. With the ramifications of criminal matters on immigration law, this must be a serious consideration.
Also, if the student is in nonimmigrant student status, expulsion from school could cause a deportation charge in and of itself. Best of luck.
Eric Schultz (716-854-1541)