Criminal Defense of Immigrants


§ 12.9 (B)

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(B)  Probation Conditions. State juvenile courts may not impose probation conditions banning travel to Mexico, for example, in the absence of a factual basis supporting the order.[98]  State courts likewise may not order a juvenile to be deported, as federal deportation laws preempt the field and any state regulation of immigration matters is generally unlawful.[99]

[98] In re Daniel R., 144 Cal.App.4th 1 (Oct. 24, 2006) (court violated juvenile’s constitutional rights by imposing probation condition banning travel to Mexico, where there was no evidence before the court that the minor had ever committed any crimes in, or had ever run away to, Mexico, except that he spoke Spanish).

[99] See DeCanas v. Bica, 424 U.S. 351, 354 (1976) (“Power to regulate immigration is unquestionably exclusively a federal power.”). 



Lower Courts of Ninth Circuit

In re James C., 165 Cal.App.4th 1198 (Aug. 11, 2008) (unreasonable and unconstitutional to condition probation on juvenile leaving the country and not returning).