Individuals who prey on undocumented victims could get two years more of prison time under proposed measure

Individuals convicted of grave crimes against undocumented victims could face an added two years of incarceration under a measure, AB 1966, introduced by Assemblymember James C. Ramos.

A qualifying criminal activity would be defined in the bill as crimes listed in the Immigration and Nationality Act and includes more than 28 crimes such as murder, rape, assault, trafficking, kidnapping, witness tampering, and domestic violence among others. 

Undocumented individuals are especially vulnerable to becoming victims of crime as they fear deportation or drawing attention to their status. 

Offenders exploit and intimidate that fear to threaten a call to immigration agencies about the victim.

“This two-year sentence enhancement aims to protect undocumented victims of crime from criminals who would commit extremely serious felonies against a highly vulnerable population, but it is also additional protection for the rest of us from those same felons who prey on the vulnerable. This is a deterrent to such crimes, and an avenue for the undocumented to know legal protections are available to protect them,” said Ramos (D-San Bernardino).

Ramos’ bill comes amid a tumultuous time as federal immigration enforcement has ramped up across the nation. 

As threats increase to call Immigration and Customs Enforcement on undocumented individuals to prevent them reporting crimes, Ramos wants AB 1966 to reinforce the message that California will not tolerate such actions and will protect all victims of crime.

Assemblymember Avelino Valencia (D-Anaheim) is a joint author of the bill.