SJC argues over whether executive order and plea warnings create real deportation risk in Commonwealth v. Sambath Chang

Summary

In oral argument, defense counsel told the court a January 20, 2025 executive order creating a policy to remove removable aliens suffices under Granham to show a noncitizen faces deportation after an admission to sufficient facts; the Commonwealth said the plea warnings taken together were adequate and that prior dismissal of proceedings is relevant.

The Supreme Judicial Court heard oral argument in Commonwealth v. Sambath Chang over whether the defendant adequately showed he faces the prospect of deportation as a result of admitting to sufficient facts, and whether that prospect is established either by prior steps taken against him or by an express written federal policy.

Edward Crane, defense counsel, told the justices the case rests on Granham's two pathways for showing a deportation risk: either the federal government has taken a step toward deporting the defendant, or there exists an express written federal policy calling for initiation of deportation proceedings. Crane introduced an executive order, dated 01/20/2025, titled "protecting the American people against invasion," and read key language from the order, arguing that "it is the policy of The United States to faithfully execute the immigration laws" and that the order expresses a written policy to remove "all removable aliens with criminal convictions." He said…

SJC argues over whether executive order and plea warnings create real deportation risk in Commonwealth v. Sambath Chang

Summary

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