California Crime Measure Prop. 36 could increase deportations

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The Santa Barbara Independent publishes stories from CalMatters.org on state and local issues impacting readers in Santa Barbara County.

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A tough-on-crime ballot measure that appears destined to pass could lead to more Californians being deported, immigrant advocates warn.

Proposal 36 would reclassify certain drug and theft offenses as felonies, meaning immigrants convicted of these crimes would be more likely to be deported if they have a case in immigration court, the attorneys said.

“It is not an understatement to say that if Prop. 36 is passed, more Californians, including green card holders, including refugees, will be deported,” said Grisel Ruiz, a supervising attorney at the Immigrant Legal Information Center. “The consequences will be quite disastrous.”

In California, where almost half of all children have it at least one parent who is an immigrantAdvocates are concerned that the measure could have negative consequences for families and communities. The initiative on the Nov. 5 ballot would allow prosecutors to impose harsher and longer sentences by using prior convictions as a sentence enhancement.

Under this new system, a simple drug possession charge with prior convictions could be considered an “aggravated felony” conviction in immigration court, carrying the harshest possible penalties. In almost all cases, a person in immigration court with an “aggravated felony” to their name faces mandatory deportation for life and loses any chance for immigration relief, Ruiz said.

Yolo County District Attorney Jeff Reisig, a supporter of Prop. 36, said the measure does not increase the risks for immigrants more than one package of retail and property crime bills the legislature recently passed and the governor signed.

“The immigration argument to me is merely a red herring, because prosecutors already have a proven track record of mitigating unreasonable immigration consequences,” Reisig said.

The package of bills on retail crime makes certain thefts crimes, but does not address drug offences.

In general, supporters of Prop. 36 expressed concern that the measure would have devastating consequences for minor crimes. The measure is mainly aimed at adult repeat offenders, they say. The state’s nonpartisan Legislative Analyst’s Office predicts the initiative would increase California’s prison population of 90,000 inmates by several thousand.

Immigration courts may consider “dismissed” crimes

The purpose of Prop.’s harsher penalties. 36 is to reduce drug-related crimes by steering repeat offenders toward treatment instead of prison; After completing treatment, suspects can have their charges dismissed.

But federal immigration courts typically do not recognize dismissals that follow the successful completion of such diversion programs, Ruiz said.

Reisig disputed this, saying treatment means a “conviction is completely expunged” and there is “no risk of immigration consequences whatsoever.”

Devin Chatterton, lead attorney at the Immigrant Defenders Law Center, said people are often confused and unaware that any relief after a conviction in state criminal court is not recognized by immigration court.

“Even if the criminal judge shows some leniency or exercises some discretion, that discretion is not taken into account in the immigration proceedings,” she said. “That’s all well and good for the criminal court. But the immigration courts do not recognize a wide range of rehabilitative and relief-based cases, such as state court dismissal.”

Chatterton said the results have devastating consequences for people, families and the community: ‘This is one way families become separated. People lose their parents. People lose their brothers or sisters, their mothers, their fathers. It’s really heartbreaking.”

Some immigrants told CalMatters they are concerned about the impact of Prop. 36.

“It’s scary,” said Jessica Sanchez, 29, whose mother brought her to the United States as a baby without federal permission. Her family was on the run violence-stricken Michocán, Mexico. Sánchez has been incarcerated in the past. She’s working now Homeboy industriesa Los Angeles-based nonprofit focused on gang rehabilitation and reentry.

Although she would not face deportation due to prior convictions under Prop. 36, Sanchez said it is troubling to see the progress California has made in protecting immigrant communities potentially being undone.

“To see that in one vote, in one year, everything can be set back 10 years — it’s scary because how long it took to get here,” she said. “It’s scary because people lose hope.”

Strong support from voters

Prop. 36 is officially called the Homelessness, Drug Addiction and Theft Reduction Act and has strong support from voters despite opposition from California Gov. Gavin Newsom, polls show.

Earlier this month, The Institute of Governmental Studies at UC Berkeley found this that 60% of likely voters Prop. 36 supports it, with most supporters citing the measure’s heavier penalties for repeat offenders as a reason. A new poll by the Bay Area News Group and Joint Venture Silicon Valley of more than 1,650 registered voters in the traditionally left-leaning Bay Area found that 70% of respondents supported Proposition 36, while 20% opposed it.

The Democratic mayors of San Francisco, San Jose and San Diego also support the measure. The California Legislative Analyst’s Office estimated this could harm the state “several tens of millions of dollars to the low hundreds of millions of dollars per year” plus tens of millions of dollars at the local level.

Supporters of Prop. 36 say the measure will correct some of the shortcomings of an earlier ballot initiative, Proposition 47. Prop. 47, approved by voters a decade ago, sought to reduce severe overcrowding in California prisons by reclassifying six theft and drug offenses as felonies. , including shoplifting and simple drug possession. The resulting cost savings were funneled into drug and mental health treatment and services for crime victims and at-risk students. Since then participation in California’s optional drug courts fell sharplywho offer treatment as an alternative to a conviction. Meanwhile, prosecutors, police and major retailers such as Walmart and Target blamed the law for an increase in property crimes and homelessness.

But Prop. 36 can have life-changing consequences for anyone who is not a U.S. citizen, including long-term residents, green card holders and DACA recipients, even for normally minor crimes.