How desperate is Governor Jerry Brown to keep criminal illegal aliens in California – very. He’s so desperate that he wants them to get better plea deals than citizens so they aren’t in danger of deportation.
Felons are his voter base after all.
A new California law goes into effect on January 1, 2016 that creates a double standard for United States citizens and non-citizens in this country (aka “illegal aliens” or “undocumented aliens” or “undocumented citizens”).
No matter what state we live in, we must watch these unconstitutional laws because they spread like a cancer.
Governor Jerry Brown signed Assembly Bill 1343 which was authored by Assemblyman Tony Thurmond, who is obviously a Democrat.
This bill imposed a new requirement on prosecutor’s statewide, requiring prosecutors to structure pleas bargains that seek to avoid deportation of non-citizens who plead guilty to crimes committed in California.
Section 1016(3)(b) is added to the Penal Code, to read: “The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.
In other words, prosecutors are REQUIRED to try and avoid a plea agreement that would lead to deportation. Illegal aliens must be given a better deal than citizens get.
Why are illegal aliens being elevated above citizens so an alien here illegally will not face deportation consequences of their criminal act?
Marc Debbaudt, President of the Association of Los Angeles Deputy District Attorneys, asks, Are elected District Attorneys now going to have to put in writing office policies to implement this new law? Will citizens who commit the same crime as illegal aliens be able to claim they are being denied equal protection under the law, that their status as citizen makes them subject to harsher punishment than an illegal alien?
Since state law will now mandate that prosecutors must try to avoid a plea deal that leads to deportation, will defense attorneys or Judges be allowed to make the DDA state what consideration they gave to immigration consequences when making a plea deal?
The reality is that any policy that turns a blind eye to illegal activities – including those that make it easier for people who have been convicted of crimes to remain in this country illegally -is a bona fide threat to public safety, Debbaudt wrote in an email sent out this week.
As Debbaudt wrote, This new law is similar to SB 1310 which Gov. Brown signed into law a year ago. That bill reduced the maximum sentence for a misdemeanor from 365 days to 364 days. Why the one-day reduction? Because under federal law a sentence of 365 days or more classifies a crime as an aggravated felony, triggering deportation hearings for noncitizen legal immigrants.
One must ask – what was the true motivation behind these two pieces of legislation?
We all know the answer to that.
It’s not that we are so desperate for criminals that we can’t bear to let them go, but Democrats are desperate to have a one-party system because they are moving into statist, totalitarian territory. It’s also a sure bet to get Democrats elected in perpetuity in California.
Mr. Debbaudt can be contacted at email@example.com.
h/t Bob Trent