Immigration Law Reform: Changing How Past Convictions Affect Status.
This bill changes how immigration authorities treat past criminal judgments to help non-citizens maintain their legal status. Crucially, convictions that have been dismissed, expunged, or pardoned will no longer count as a basis for deportation or denial of entry. Furthermore, when assessing sentence length, only the actual time ordered to be served is counted, excluding any suspended portions of the sentence.
Key points
Criminal convictions that have been expunged, vacated, or pardoned will not be considered in immigration proceedings (e.g., deportation cases or visa applications).
The length of a prison sentence used to determine immigration consequences will only include the actual time ordered, excluding any suspended sentence time.
Sentencing courts can recommend against the removal of an individual based on a conviction, and immigration authorities must respect this recommendation.
Expired
Additional Information
Print number: 118_S_1343
Sponsor: Sen. Padilla, Alex [D-CA]
Process start date: 2023-04-27