What will the bill do?
The bill would amend Rhode Island law to reduce the maximum prison sentence for misdemeanor offenses by one day, from one year to 364 days.
How would this small change protect immigrant Rhode Island residents from deportation for minor offenses?
Federal immigration law recognizes the difference between serious and less serious crimes, and provides, generally, that a single conviction be one that is punishable by a potential jail sentence of a year or more for that conviction to result in deportability. (This sentencing limitation does not apply to deportability based on a conviction for a gun, drug, or domestic violence crime, nor does it apply to multiple convictions; see below.) Rhode Island law similarly distinguishes serious from less serious crimes, but because misdemeanors in Rhode Island are punishable by up to one year in jail, the result is that a conviction for a misdemeanor in Rhode Island will likely result in deportability.
The minor reduction of the maximum misdemeanor sentence by only one day would bring Rhode Island law into agreement with the federal standard for serious crime, and protect thousands of Rhode Islanders from these inappropriate, harsh immigration consequences.
Are residents who are lawfully in the country affected by this?
Yes. The deportation consequences apply to all non-citizens, including lawful permanent residents (green card holders) who may have lived here for most of their lives. A single conviction for a first-time minor offense for which they were given no jail time (a very common occurrence) could still lead to deportation and permanent exile from their family and home in the United States. This is because the deportation consequences apply to offenses for which a sentence of a year or longer may be imposed, regardless of whether the person serves any prison time at all. Because all misdemeanors in Rhode Island carry a potential sentence of up to one year, this unintended one-day overlap in these statutes means that even first-time misdemeanors for which a person received no jail sentence at all can trigger deportation.
What are some typical offenses that would be addressed by the bill?
Two common misdemeanor offenses that can ensnare individuals under the federal law are shoplifting and simple assault.
Does this mean that all misdemeanors would no longer trigger immigration consequences?
No. The 364-day bill would not affect the federal government’s ability to deport a non-citizen convicted of such offenses as drug crimes, gun crimes, or crimes of domestic violence. Federal law has explicit provisions relating to deportability for convictions for those sorts of crimes, and the mere fact of conviction, without regard to actual or potential punishment, suffices to render the non-citizen deportable. Similarly, a non-citizen convicted of more than one crime is, generally, deportable without regard to actual or potential punishment.
What about drunk-driving offenses?
Under current federal immigration law and policy, a “simple” DUI conviction does not make a non-citizen deportable, and this bill would have no impact on cases of that sort.
Does this bill impact state prosecutor or judge discretion in charging and sentencing?
No. Prosecutors will still have wide discretion to charge defendants with appropriate offenses. Judges will still have the discretion to impose prison sentences up to 364 days, instead of 365, for misdemeanor offenses. The bill also makes the system more efficient for prosecutors and judges, as noncitizen defendants will be more likely to accept plea offers when they do not trigger particularly harsh immigration consequences.
Besides preventing deportation of immigrants based on a single misdemeanor conviction, what other positive effects would this bill produce?
The bill would help protect vulnerable members of our community, which includes asylum seekers and victims of domestic violence, who otherwise might be barred from immigration relief due to a minor misdemeanor conviction.
This bill would also ensure that more families are protected from the devastating effects of deportation and can remain together.
Have other states addressed this immigration consequence relating to misdemeanors carrying a maximum sentence of 365 days?
Yes. A number of diverse states – including Colorado, Washington, Nevada, and New York – have amended their criminal codes in recent years to similarly protect their residents against unduly harsh immigration consequences because of this one day discrepancy.
