R.I. bill would tweak definition of misdemeanor to avoid deportation for lesser crimes
The Senate has passed similar legislation for each of the past four years, but advocates said the change is particularly crucial now that Trump is
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'This is a common sense bill,' said
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The bill has been needed in the past, Acosta said. But, he said the Trump administration's deportation drive 'brings a little bit more attention and renewed energy.'
Acosta said the bill has not become law in the past in large part because the attorney general's office has written to legislators and said it could not be sure if there would be 'unintended, collateral conflict' until a thorough review of federal and state laws was completed.
Now, he said, Senate staff has now completed such a review and found that the more 'egregious' misdemeanors would still be covered by provisions of federal immigration policy even if his bill becomes law.
When asked for comment on Tuesday, a spokesman said Attorney General Peter F. Neronha 'believes that this bill raises public safety concerns. In the event the General Assembly passes it, we will deal with it. Right now, we are focused on other matters.'
The Senate voted 32 to 5 for the legislation, with the Senate's four Republicans voting against it along with Senator Leonidas P. Raptakis, a Coventry Democrat.
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— Edward Fitzpatrick (@FitzProv)
Senate Minority Leader Jessica de la Cruz, a North Smithfield Republican, said she has voted for the legislation in past years. 'As a daughter of immigrants myself, I've seen firsthand my family go through the process of becoming an American citizen,' she said.
But, de la Cruz said, " After having conversations in the community and beyond, I have some reservations." She said Utah made a similar change to its definition of a misdemeanor in 2019, and now that state is in the process of changing the law back to the way it had been.
Also, de la Cruz said the list of misdemeanors punishable by up to a year in jail here in Rhode Island includes assault, larceny, and domestic battery.
'It occurs to me that these are intent crimes,' she said. 'If a person intentionally breaks our law, they may be able to explain their conduct to an immigration judge. But we shouldn't be changing all our misdemeanor laws to get around federal immigration laws.'
So de la Cruz voted against the bill.
Acosta told de la Cruz that under his bill, crimes of 'moral turpitude,' such as domestic violence or child abuse, could still lead to deportation, even if they're misdemeanors.
But other lesser crimes would not trigger immigration action, he said, citing examples such as disorderly conduct, shoplifting, and vandalism. 'A minor mistake should be just that — a minor mistake,' he said.
Representative Leonela Felix, a Pawtucket Democrat, is sponsoring companion legislation in the House.
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When asked about the bill on Tuesday, House Speaker K. Joseph Shekarchi, a Warwick Democrat, issued a statement that said, 'I am keeping an open mind on the bill and will review the testimony from the public hearing after it is conducted by the Judiciary Committee. I will also look carefully at recent court rulings, different witnesses who come forth, and what other states are doing.'
Edward Fitzpatrick can be reached at
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