Posted on April 10, 2015

California May Shield Immigrants Charged with Drug Crimes from Deportation

Melanie Mason, Los Angeles Times, April 9, 2015

When Jesús Cordero was arrested for Ecstasy possession, his lawyer offered what seemed like an obvious solution: Plead guilty and undergo drug counseling. Once Cordero completed the course, the charges would be dismissed.

It’s a popular option for Californians charged with minor drug crimes who seek to avoid jail time and clear their records. But for immigrants such as Cordero, who was then living in the United States illegally, such a plea can trigger their deportation.

Now, in a state that has both liberalized immigration laws and eased punishments for drug crimes, legislators will soon consider a measure that could shield immigrants from such consequences.

The proposal addresses a difference between state and federal law. Although California considers minor drug charges to be wiped away once a defendant finishes treatment, nearly all drug convictions still stand under federal immigration law–and can set off deportation proceedings. That applies to immigrants without legal papers and those with green cards.

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Under the new proposal, people charged with drug possession and other low-level narcotics crimes could opt for treatment before entering a plea. If they completed their courses, they would not have to enter a guilty plea. If they failed, they would face criminal proceedings.

The option would not be available for people with a history of drug sales or any violent or other serious felony.

The bill’s author, Assemblywoman Susan Talamantes Eggman (D-Stockton), said such a change would make it possible for immigrants to choose drug counseling without risking deportation.

“For those who want to get treatment and get their life right, we should see that with open arms, not see it as a way of deporting somebody,” she said.

The advocacy group Human Rights Watch, citing Department of Homeland Security data, said more than 500,000 people nationwide were deported between 1997 to 2012 with a drug offense as their most serious conviction.

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