NYS Defenders Association Lauds Governor's Pardons and Clemency Grant

ALBANY, NY (12/08/2010)(readMedia)-- The New York State Defenders Association welcomes the announcement by Governor David A. Paterson that six people received pardons that will benefit them and their families and communities by allowing them to remain in the United States. The stories of those who received pardons, nearly all of whom came to the U.S. as children or teenagers, show why their deportation would be wrong. Governor Paterson's creation of an Immigration Pardon Panel, and his grant of these initial pardons as a result, embody wise policy. Deportation can be an overly-severe punishment detrimental to the citizen children of those deported and to others. Gubernatorial compassion helps balance enforcement of rigid federal immigration laws in those cases. "To Kevin Auyeung, Mario Benitez, Sanjay Broomfield, Marlon Oscar Powell, Darshini Ramsaran, and Deborah Salako-Nation, we say 'Happy New Year and Welcome Home,'" said Jonathan E. Gradess, Executive Director of NYSDA. "To Governor Paterson we say, "'Congratulations on these pardons and on those we hope will follow.'"

One reason the Executive pardon power is so important in the cases of some noncitizens is that too often deportation is an unintended consequence of a particular criminal disposition. Without a lawyer who knows immigration law, someone may take a guilty plea that puts them at risk of deportation when other case resolutions would result in just punishment for their wrongdoing but not in removal from the country. "Representing citizens of other countries on state charges takes special knowledge that every defense lawyer needs," said Joanne Macri, Director of NYSDA's Criminal Defense Immigration Project. "It was only this year that the United States Supreme Court directed lawyers to advise their clients of the potential immigration consequences of a plea."

CDIP was created as part of NYSDA's mission to improve the quality of legal representation offered to those who cannot afford counsel when accused of criminal offenses. CDIP advises lawyers and others on the immigration consequences of criminal proceedings. Given the under-resourced and high-caseload circumstances in which most public defense lawyers work, the training and resources CDIP offers is a lifeline for lawyers and their clients. "We have also been privileged to offer our services to the Administration and the Immigration Pardon Panel," Macri noted. "We applaud the Governor for his commitment to providing rehabilitated immigrants with a second chance and hope to have an opportunity to continue in this role in the years ahead," she added.

NYSDA also lauds Governor Paterson for granting clemency to someone who has demonstrated extraordinary rehabilitation during her imprisonment. "People in prison who work to change themselves and the lives of others for the better should not be forever condemned for their worst act," said Gradess. "We commend Governor Paterson for recognizing June Benson's hard work and compassion."