Jacques Baptiste Legal Memorandum

Posted: August 25th, 2021

Jacques Baptiste Legal Memorandum

 University

To: Senior Partner

From: Karen Krzesniak

RE: Jacques Baptiste Immigration Status

Date: August 29, 2019

MEMORANDUM

Facts

Jacques Batiste is a Canadian citizen who is employed as a maintenance worker at a hotel by the Canadian border in the state of New York.  While working one evening, Jacques witnessed a drug transaction between two individuals in a staircase who then fled out of the emergency exit leaving evidence of stamp-marked bags of heroin behind.  Jacques notified his manager who then called law enforcement.  It was discovered several individuals had died from an overdose of the same drugs that were found at the hotel.  Prosecutors want Jacques to be their key witness for the murder trial of the dealers who sold the drugs.  Because Jacques is not an American citizen and not legally authorized to work in the United States, he is worried about his immigration status.  Although Jacques is dating a woman who is an American citizen, they do not have immediate plans to marry.

Issue

It is unlawful to be in the United States without the correct documentation which guarantees either a temporary or permanent stay. Jacques is liable for prosecution based on his immigration status. Nonetheless, his act of goodwill is demonstrated when he reports the drug dealers to the authorities. To prosecute the suspects, the prosecutors need Jacques’ witness testimony. However, cooperation is not easy due to Jacques’ controversial immigration status. Based on this issue analysis, two major concerns emerge as outlined below.

• Since Jacques is unlawfully in the USA and working without a proper work permit, can he be considered a potential witness in a criminal case while his immigration status suggests that he is an offender as well?     
• Since Jacques is a witness to drug peddling and murder, which are capital offenses, can his immigration status be protected should he turn a state witness or should he be deported immediately with no regard to the value of his testimony to the case?   

Rules of Law

• 8 C.F.R. § 214.14 (a) (12) highlights that “U nonimmigrant status certification means Form I-918, Supplement B, “U Nonimmigrant Status Certification,” which confirms that the petitioner has been helpful, is being helpful or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which he or she is a victim.”
• According to 8 C.F.R. § 214.14(b)(1) -(4) (2013), “…. every person involved in the court case states, ‘even one whose presence in this country unlawful, involuntary, or transitory’ is entitled to constitutional protection.”
• In Plyler v. Doe, 457 U.S. 202 (1982), the court ruled that when furthering “substantial” government interest, migration status need to be overlooked. 

Analysis

According to 8 C.F.R. § 214.14 (a) (9), Jacques qualifies for the nonimmigrant status because he is of adult age.Jacques is involved in two capital offenses as a potential witness. With regard to 8 C.F.R. § 214.14 (a) (12), he is likely to be helpful when invited by the prosecution to be a witness. This means that he is eligible for the nonimmigrant status. 8 C.F.R. § 214.14(b)(1) -(4) (2013) guarantees Jacques constitutional protection regardless of his immigration status. With regard to Plyler v. Doe, 457 U.S. 202 (1982), Jacques’ help in the prosecution of the suspects grants him protection from persecution for being unlawfully in the United States.   

Conclusion

Jacques can be part of the criminal case as a key witness.  He should, however, seek legal counseling services to find out what his rights are and understand what to tell the court about his certification. He should acquire S-5 Visa immigration status to avoid incriminating himself. Also, counseling services can help him receive nonimmigrants certification, in particular, a U-5 Visa (Immigration Reform and Control Act of 1986, n.d.). This would ensure his immigration status would have no effect on the court case he is set to participate in as a key witness.

References

8 C.F.R. § 214.14. (2019, July 29). Retrieved August 29, 2019, from https://casetext.com/regulation/code-of-federal-regulations/title-8-aliens-and-nationality/chapter-i-department-of-homeland-security/subchapter-b-immigration-regulations/part-214-nonimmigrant-classes/21414-alien-victims-of-certain-qualifying-criminal-activity

Immigration Reform and Control Act of 1986. (n.d.).

Plyler v. Doe, 457 U.S. 202 (1982).

The U visa: A potential immigration remedy for immigrant workers facing labor abuse. (2014). Retrieved from National Employment Law Project website: https://www.nelp.org/wp-content/uploads/2015/03/UVisa.pdf?nocdn=1

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