In 2015 the Governor signed AB 1343 (2015), Chapter 705 (Cal. Stats. 2015) that created due process safeguards for immigrants within the criminal justice system. This codified the requirement for defense attorneys to provide noncitizens with accurate legal advice on the immigration consequences of a criminal disposition and defend clients against the disproportionate impacts that a state criminal offense can often have on their immigration status.
The law also mandated state prosecutors to consider adverse immigration consequences in line with U.S. Supreme Court precedent by adding § 1016.3(b): “The prosecution, in the interests of justice, and in the 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.”
However, simply requiring prosecutors to consider adverse immigration consequences has proven to be insufficient to ensure due process for noncitizens. AB 2669 strengthens the existing requirement that prosecutors consider adverse immigration consequences of criminal cases to ensure a just resolution. It makes existing created due process safeguards for noncitizens enforceable by creating a mechanism for courts to provide a check on the government when the prosecution does not have a good reason to disregard adverse immigration consequences.
Principal Bill Author:
Assemblymember Gipson
Bill Co-Sponsors:
- ACLU California Action
- California Public Defenders Association