Immigration Consequences of Prop 36 and Other New California Offenses Part Two: Property Crime Offenses

Crimes
Detention
Removal Defense
Publication Date
Part I on Prop 36 and controlled substance offenses is found here.

This advisory is part II of a two-part advisory on the federal immigration consequences of California Proposition 36 enacted in December 2024. Part I on Prop 36 and controlled substance offenses is found here. Part II discusses the immigration consequences of a conviction for a property crime or property crime enhancement under Prop 36, specifically new Cal. Penal Code § 666.1 and § 490.3 and new enhancements under Cal. Penal Code § 12022.6 and § 12022.65. This advisory outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.

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06-26 consequences of prop 36.pdf
Audience
Practitioners