As
of January 2015, a new Californian law will reduce the maximum possible
sentence for a misdemeanor from 365 to 364 days. The single day reduction will
remain a seemingly inconsequential change for United States citizens; however, the
law, S.B. 1310, will have a drastic impact on the lives of
noncitizens convicted of misdemeanor offenses.
Under the previous law, many
misdemeanors were punishable by up to one year in prison. “That one year sentence, or even the
possibility of a one year sentence,” can have a significant impact on a noncitizen’s immigration status. This
is because the basis of deportation is not the actual length of the sentence, but rather is contingent on whether an offense is
"punishable by a year or more." Because sentences
of exactly one year created this one-day overlap in definitions, many
California misdemeanors were deportable offenses under the prior version of the law, even
if they are relatively minor and resulted in little or no jail time.
