Former Prosecutor Calls for Re-Examination of Aggravated Felonies

From Steven Jansen:

Comprehensive immigration legislation must re-examine the category of crimes that constitute aggravated felonies under immigration law, and provide guidance to state and local prosecutors who are making plea bargain decisions with drastic immigration consequences every day. Legislation should consider a provision that allows immigration authorities and law enforcement to consider the humanitarian factors in every case before ordering deportation or denying a path to citizenship. Legislation must also amend the definition of “conviction” and “sentence” so that immigration laws reflect what these terms mean in state criminal court.

More and more localities are empowering prosecutors and judges with alternatives to criminal sentences that include drug and mental health courts, community service programs and other community diversionary initiatives. The programs offer effective alternatives to traditional prosecution, bringing offenders to justice in a manner that takes into account the unique circumstances of each defendant and their community. But, these effective options are moot if the immigration system demands mandatory no-bond detention and deportation for such a wide range of offenses, including misdemeanors and non-violent offenses.  Read more….

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