Will Proposition 36 Hurt Immigrant Defendants?

While more than half of ICE arrests during the first 50 days of the Trump administration had no criminal records at all, the federal government has long prioritized deporting people who have felony convictions. In particular, the federal government has worked to deport individuals who are convicted of serious or violent offenses. Because of this type of prioritization, there is a high likelihood that Proposition 36 will lead to the removal of immigrant defendants.

Harsher Sentencing Means More Felonies and More Deportations

Proposition 36 comes down harder on crimes like shoplifting and drug crimes. For instance, someone can be convicted of a felony if they have two previous theft-related convictions. Basically, Proposition 36 broadens the array of deportable offenses, making removal more likely.

With petty theft, Proposition 36 turns some misdemeanors into felonies. Besides making the defendant deportable, this stops the defendant from getting a valuable waiver to fight their deportation case. This is one of the reasons why it is so important to work with a lawyer at a criminal defense law firm. If you aren’t successful in your criminal case, it could immediately cause lifelong consequences in your immigration case.

Treatment-Mandated Felonies Create Additional Aggravated Felonies

Even aspects of the law that are designed to be more compassionate can end up backfiring. Proposition 36 explicitly modifies California Health & Safety Code 11395 so that people who receive a third drug offense can be given a treatment-mandated felony instead. Possessing a drug is considered an aggravated felony under immigration law. Once someone has an aggravated felony, they are basically barred from any type of immigration relief.

Aggravated Felonies and Theft

Under Proposition 36, multiple thefts can now be combined in value. Previously, some people stole less than $950 and simply committed multiple thefts so that they would stay within the misdemeanor range. By allowing multiple thefts to be combined, California is hoping to discourage shoplifting rings and smash-and-grabs.

However, this new rule essentially turns a misdemeanor into a felony. Under immigration law, something can be considered an aggravated felony, even if it isn’t an aggravated felony under state law. Currently, Congress has more than 30 offenses that are classified as aggravated felonies. With shoplifting and petty theft in California, it is now possible to be deported for a crime that would have been considered a misdemeanor just last year.

What Should You Do If You Violate One of the Changes From Proposition 36?

If you are involved in a legal case, reach out to a criminal defense attorney in Orange County right away. Thanks to Proposition 36, there are now situations where you could be deported for convictions that wouldn’t have been deportable a year ago.

Until you talk to your attorney, you should exercise your right to remain silent. You have a right to not incriminate yourself as well as a right to an attorney in the courtroom. Once you’ve reached out to one of our criminal lawyers, we can help you begin the next step.

Get Help Navigating Your Legal Case

If you’re searching for a lawyer for criminal defense and immigration cases, you’ve come to the right spot. Over the years, we’ve dealt with many complex criminal matters. Thanks to the new changes from Proposition 36 and a new administration on the federal level, there is a strong risk of deportation for many residents in California.

Are you looking for affordable criminal lawyers near me? Give us a call today to learn about the next step in your legal case.