The Santa Barbara Independent republic stories from CalMatters.org on state and local issues affecting Santa Barbara County readers.

A tough-on-crime measure that appears destined to pass could lead to more Californians being deported, immigrant advocates warn.

Proposition 36 would reclassify certain drug and theft offenses as felonies, meaning immigrants convicted of those crimes are more likely to be deported if they have a case before an immigration court, advocates said.

“It is not an understatement to say that if Prop. 36 is approved, more Californians, including green card holders, including refugees, will be deported,” said Grisel Ruiz, a supervising attorney at Immigrant Legal Resource Center. “The effects will be quite disastrous.”

In California, where nearly half of all children have at least one parent who is an immigrantsupporters are concerned that the measure could have negative effects on families and communities. The initiative on the Nov. 5 ballot would allow prosecutors to impose stricter and longer sentences by using prior convictions as sentencing enhancements.

Under this new system, a simple drug possession charge with prior convictions could be considered an “aggravated felony” conviction in immigration court, triggering the harshest possible penalties. In almost all cases, a person in immigration court with an “aggravated felony” on their record faces mandatory deportation for life and loses all chances for immigration relief, Ruiz said.

Yolo County District Attorney Jeff Reisig, a supporter of Prop. 36, said the measure does not increase the risks to immigrants more than a bundle of retail bills and property crimes The legislature recently passed and the governor signed.

“The immigration argument to me is just a fallacy because DAs already have a proven track record of working to mitigate the unreasonable consequences of immigration,” Reisig said.

The retail crime bill package makes certain thefts felonies but does not address drug crimes.

In general, supporters of Prop. 36 described as exaggerated the concern that the measure would cause devastating consequences for minor crimes. The measure mainly targets adult repeat offenders, they say. The state’s nonpartisan Legislative Analyst’s Office predicts the initiative will increase California’s prison population of 90,000 inmates by several thousand.

Immigration courts may consider “waived” offenses.

The purpose of the harsher penalties in Prop. 36 is to reduce drug-related crime by directing recidivism to treatment rather than prison; after treatment is completed, defendants may have their charges dismissed.

But federal immigration courts typically do not recognize dismissals that follow the successful completion of such diversion programs, Ruiz said.

Reisig contested this, saying the treatment meant “a conviction is completely removed” and that there was “zero risk of immigration consequence”.

Devin Chatterton, managing attorney at the Immigrant Defenders Law Center, said people are often confused and don’t know that any post-conviction relief received in state criminal court is not recognized in immigration court.

“Even if the criminal judge exercises some leniency or some discretion, that discretion is not included in immigration proceedings,” she said. “It’s all well and good for the criminal court. But immigration courts don’t recognize a lot of things based on rehabilitation and relief, like dismissal in state court.”

Chatterton said the results had a devastating impact on people, families and the community: “This is one way families are being torn apart. People lose their parents. People lose their brothers or sisters, mothers, fathers. It’s really heartbreaking.”

Some immigrants told CalMatters they are worried about the ramifications of Prop. 36.

“It’s scary,” said Jessica Sanchez, 29, whose mother brought her to the United States without federal authorization when she was a child. Her family was running away Michocán, Mexico, hit by violence. Sanchez has been incarcerated in the past. She now works at Homeboy Industriesa Los Angeles-based nonprofit organization focused on gang rehabilitation and reentry.

Although he would not face deportation for prior convictions under Prop. 36, Sanchez said it’s troubling to see the progress California has made in protecting immigrant communities potentially rolled back.

“To see that in one vote, in one year, everything can be taken back ten years — it’s scary because of how long it took us to get here,” she said. “It’s scary because people are losing hope.”

Strong support from voters

Officially titled the Homelessness, Drug Addiction and Theft Reduction Act, Prop. 36 has strong voter support despite California Gov. Gavin Newsom’s opposition, polls show.

Earlier this month, UC Berkeley’s Institute for Governmental Studies found that 60% of likely voters support Prop. 36, with most supporters citing the measure’s harsher punishments for recidivists as a reason. A new survey by Bay Area News Group and Joint Venture Silicon Valley of more than 1,650 registered voters in the traditionally left-leaning Bay Area found that 70 percent of respondents supported Proposition 36, while 20 percent opposed it.

The Democratic mayors of San Francisco, San Jose and San Diego also support the measure. The California Legislative Analyst’s Office estimated it could cost the state “several tens of millions of dollars to low hundreds of millions of dollars annually” plus tens of millions of dollars locally.

Supporters of Prop. 36 say the measure will rectify some of the shortcomings of an earlier ballot initiative, Proposition 47. Approved by voters ten years ago, Prop. 47 attempted to reduce severe overcrowding in California prisons by reclassifying six theft and drug offenses as felonies. , including shoplifting and simple drug possession. She funneled the resulting cost savings into drug and mental health treatment and services for crime victims and at-risk students. Since then, participation has plummeted in California’s optional drug courtswhich offers treatment as an alternative to a conviction. Meanwhile, prosecutors, police and big retailers like Walmart and Target have blamed the law for increases in property crime and homelessness.

But Prop. 36 can have life-changing consequences for anyone who is not a US citizen, including long-term permanent residents, green card holders, and DACA recipients, even for normally minor crimes.