Consider this example: a long-time Rhode Island resident is a lawful permanent resident, also called a “green card” holder, who has lived here for decades. She gets a single conviction for a first-time shoplifting misdemeanor, for which she was given no jail time, just a fine. She then gets deported because of that simple, low-level offense.
How does this happen for something so minor?
The answer is a tiny but critical difference in the language in state and federal immigration laws.
- Federal immigration law: Certain minor convictions that are “punishable by a year or more” in prison may lead to detention, denial of necessary forms of immigration relief, and even deportation for immigrants, including those lawfully in the country.
This means that if someone is convicted of a crime punishable by a year in prison, even though they do not serve a year — or even any jail time — they can be subject to deportation.
- In Rhode Island law: A misdemeanor is a conviction that can carry a sentence of “up to a year” in prison.
It’s this slight overlap in language — between a crime punishable by “a year or more” in prison and one punishable by “up to a year” — that can cruelly make people who are legal residents and first-time offenders of very minor crimes subject to deportation.
Note: There are crimes, like domestic violence offenses, that already trigger deportation even if the crime is a misdemeanor under state law. The legislation explained below would not affect the deportation consequences for those crimes, but instead targets the low-level offenses that fall within this harsh legal loophole.
There is a very simple solution.
We strongly support legislation (S 2047 and H 7198) that would close this loophole to protect our immigrant neighbors and community members. This bill would tweak the maximum prison sentence for a misdemeanor offense from one year to days. This one-day difference would provide an enormous benefit to some immigrants and their families in our state by addressing this mismatch. And if someone was given the maximum prison sentence for a misdemeanor, it would be only one day less than it already is.
If this bill became law, prosecutors would still have the discretion to charge defendants with applicable offenses. This bill has been introduced for the last six legislative sessions and has successfully passed the Senate but continually died in the House of Representatives.
Take action: Contact your state legislators to share your support for S 2047 and H 7198! The federal government is campaigning against immigrant communities with deportation zealotry, and it’s more important than ever to pass this legislation.