CA Justices Rule Car Theft Cause For Deportation

The California Supreme Court ruled this week that legal immigrants involved in car theft may face deportation, reversing a previous decision that subjected minor crime participants to the same fate.

The ruling will make it easier for the state government to deport non-citizens who plead guilty or are convicted of stealing or aiding in the theft of a motor vehicle, which under immigration law is considered an “aggravated felony.”

However, the ruling, which was intended to narrow down the previous law, still has gaps. The strict immigration reform law implemented in 1996 requires that all immigrants—even those who have been legal residents of the U.S. for years—must be immediately deported if convicted of aggravated felony. The question was, what crimes fall under the aggravated felony category?

The new ruling attempts to specify the exact crimes that are deemed aggravated felony—car theft being one of them. The justices, however, failed to determine whether mere “joy riding” would fall under the theft category and also left questions regarding individuals who are an “accessory after the fact” unanswered, claiming they could decide on these issues at a later date.

While the ruling was determined by the California Supreme Court, the decision will be applicable throughout the country.

Accused of car theft? Contact us today to ensure your legal rights are protected.