Reducing the maximum prison sentence for misdemeanors in New York by one day could prevent undocumented immigrants from facing deportation when convicted of those crimes, Gov. Andrew Cuomo and Democrats who control the the state Legislature have claimed.

That's been the impetus for new legislation, proposed both in Cuomo's executive budget proposal last month, and as a standalone bill sponsored by State Sen. Jessica Ramos, D-Queens.

The bill took a step forward this week after Assemblyman Marcos Crespo, D-Bronx, formally signed on to sponsor it in the Assembly. That makes its chances of passing outside the state budget more likely as lawmakers prepare for the final leg of negotiations on the spending plan, which is due at the end of March.

Crespo has sponsored the bill in previous years, during which it passed the Democrat-led Assembly. Republicans who controlled the Senate blocked it from coming up for a vote during that time, but that's likely to change this year after Democrats took control of the chamber.

Ramos said she wants to see the legislation approved and sent to Cuomo for his signature immediately, but that it very well could end up in the budget.

“I would love to do it as soon as possible. I also think March will be here in the blink of an eye,” Ramos said.

Federal law triggers a deportation proceeding when an undocumented immigrant is convicted of a crime that carries a maximum sentence of at least a year. That doesn't mean the individual has to receive a yearlong sentence for an immigration judge to be notified. An immigrant could be sentenced to six months in prison, for example, but if the charge on which they were convicted carries a maximum sentence of at least a year, they could be subject to deportation.

The proposal from Ramos would reduce the maximum prison sentence for a misdemeanor in New York from one year to 364 days. That one-day difference would prevent federal immigration authorities from pursuing that immigrant for deportation based on their sentence, Ramos said.

“The idea is to reduce the sentencing for nonviolent misdemeanors from 365 days to 364 days because that one day of a difference will ensure that our families can stay together, will ensure our undocumented population is able to stay contributing to our economy,” Ramos said.

Her legislation is nearly identical to a proposal Cuomo included in his executive budget last month for the same purpose, but in some ways it goes further. It would allow a one-year sentence imposed before the bill is enacted to be set aside if the defendant shows it would “result in severe collateral consequences,” according to the legislation.

The proposal would impact more individuals than just immigrants who are charged with a misdemeanor in New York. Defendants charged with nonviolent felonies can often have their charges reduced to the misdemeanor level through a plea deal with prosecutors. That can be a huge benefit for some defendants who will face a lighter maximum sentence.

But an immigrant in the same situation may be faced with deportation through such a deal if their reduced charge still carries a maximum sentence of one year. The bill would strike that as a possibility for immigrants who may not be aware of the potential consequences, Ramos said.

“We know the criminal justice system largely relies on a plea bargain, and unfortunately, many undocumented New Yorkers that might not understand their rights, often agree to things without really having gone through the process,” Ramos said.

The District Attorneys Association of the State of New York, the group that represents the state's prosecutors, doesn't have a position on the legislation. Albany County District Attorney David Soares, a Democrat who currently serves as president of the organization, said he personally supports the idea.

“I'm very much in favor of that. We do a lot of expungement and sealing work in this office because of the immigration issues,” Soares said. “That's just a no-brainer for us.”

The legislation has also gained the support of advocacy groups pushing for criminal justice reform and immigrant protections at the state level, including the Fortune Society. The organization has advocated for criminal justice reform for decades but has more recently gotten involved in supporting ways the system could be changed to benefit immigrants.

“What we learned is that if the maximum risk was 364 days, which makes no difference in terms of criminal justice consequence, it could make a life-changing difference in terms of immigration consequence,” said JoAnne Page, the president and CEO of Fortune.

The proposal is the latest in a series of bills that Democrats have introduced this year to benefit immigrants faced with legal or criminal issues, particularly when it comes to the state's courts.

State Sen. Brian Kavanagh, D-Manhattan, reintroduced a bill this year similar to Ramos' proposal that would require immigrants to be informed that a plea deal may still result in their deportation, for example. That way, an immigrant may decide to go to trial in hopes of being exonerated rather than agree to a deal that may still result in them being deported.

“The idea is that there are many instances where people might choose or might even be advised by their lawyers to plead to a lesser charge for the usual reasons people would do that,” Kavanagh said. “It's very important for people to understand the very significant implication in terms of their ability to remain in the country.”

Another proposal, sponsored by State Sen. Brad Hoylman, D-Manhattan, and Assemblywoman Michaelle Solages, D-Nassau, would block agents with U.S. Immigration and Customs Enforcement from making an arrest in a state courthouse without a warrant signed by a federal judge.

Neither bill has made it to the floor for a vote in the Legislature, but their approval is more likely this year after Democrats took control of the state Senate for the first time in more than eight years. Democrats have had a firm majority in the Assembly for decades.

If the proposals are not included in the state budget, lawmakers could pass them at any point until they're scheduled to leave Albany for the year in June.

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