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New York · 2025-2026 General Assembly
A00651Requires the court to advise a defendant that if such defendant is a noncitizen resident and is convicted of a crime, whether by plea or trial, such conviction may result in such defendant's deportation; allows a withdrawal of a plea of guilty by a noncitizen resident if such noncitizen resident is threatened with deportation and such noncitizen resident is not so advised of such threat of deportation.
Direction
Immigration enforcementstate federal cooperationAI label
Requires courts to advise noncitizen defendants of possible deportation before accepting guilty pleas and allows withdrawal of such pleas if the advisement is not given, so noncitizens are more likely to avoid or challenge convictions that could trigger federal deportation.
If you are not a citizen of the United States, you are hereby advised that acceptance by the court of a plea of guilty or conviction of the crime for which you have been charged may result in your deportation, exclusion from admission to the United States or denial of naturalization pursuant to the laws of the United States.
Why the model tagged it this way: The bill requires courts to advise noncitizen defendants of potential immigration consequences (deportation, exclusion, denial of naturalization) before accepting guilty pleas in criminal cases, prohibits requiring disclosure of immigration status, allows withdrawal of pleas and vacating of judgments if the advisement is not given (with a presumption of non-administration if absent from the record), and mandates a new trial upon successful motion. These provisions make it easier for noncitizens to avoid or reverse convictions that could trigger federal immigration enforcement, thereby limiting
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