No, non-U.S. Citizens should not be treated differently in criminal cases. The criminal justice system must treat any non-U.S. citizen the same as a U.S. citizen when they are charged with a crime. You have the right to an attorney in your criminal case, and you have the right to all the same constitutional protections that a U.S. citizen has. Your immigration status should not have an effect in your charges, the prosecutor’s decision-making, or the judge’s determinations.
However, the consequences of a criminal conviction if you are a non-U.S. citizen are different, and can be severe for the rest of your life. Not only do you face the risk of going to jail or having a criminal record that could affect getting jobs in the future, the criminal case could also create a risk of deportation or prevent you from becoming a resident or U.S. citizen in the future.
As a non-U.S. citizen, it is extremely important that YOU and YOUR ATTORNEY treat your open criminal case differently and with careful attention. Under U.S. Supreme Court, you have the right to receive proper advice on the immigration consequences of a criminal conviction. An expert CrImmigration (Criminal & Immigration) Team can help you avoid any mistake, from the beginning till the end. They will be able to protect you on both the immigration consequences and defend you in the criminal case.