We are leading an effort to reduce the maximum sentence for a gross misdemeanor in Minnesota by one day, from 365 days down to 364. This would fix a mismatch between state law and federal immigration law that brings devasting immigration consequences. Under current Minnesota law, noncitizens, including lawful permanent residents, face virtually automatic deportation if they receive a 365-day sentence for a gross misdemeanor here. That’s because under federal immigration law, 365-day sentences are treated as a felony, regardless of state law. Reducing Minnesota’s maximum gross misdemeanor sentence by a single day to 364 days will prevent disproportionately severe immigration consequences. It also affirms the principle that states are in charge of defining their own criminal offenses and penalties.

Position

Support