Offense
Failure to get child to school
Aggravated Felony (AF)
Not AF.
Crime Involving Moral Turpitude (CIMT)
Should not be held CIMT; see Advice.
Other Removal Grounds
Should not be deportable crime of child abuse; see PC 273a(b)
Advice and Comments
While an age-neutral offense is preferable, this ought not to be charged as child abuse, neglect, or abandonment as defined by BIA. There is no bad intent and can be committed by failure to “reasonably” encourage truant to go to school
SB54: As a straight misdemeanor, law enforcement cannot notify ICE of release or transfer someone to ICE. See SB 54 advisory at www.ilrc.org/crimes-summaries