Tuesday, May 30, 2017 11:29 AM


WASHINGTON (AP) -- The Supreme Court on Tuesday sided with a Mexican immigrant who faced deportation after he was convicted of having consensual sex with his underage girlfriend.

The justices ruled unanimously that while Juan Esquivel-Quintana committed a crime under California law, his conduct did not violate federal immigration law. The ruling allows him to remain in the U.S.

The opinion comes as the Trump administration steps up enforcement of the nation's immigration laws, including deporting those who commit crimes. Immigration arrests have increased 38 percent this year, compared with a similar period last year.

California law makes it a crime to have sex with anyone under 18 if the age difference is more than three years. That applied to Esquivel-Quintana, who had sex with his 16-year-old girlfriend before and after his 21st birthday.

But Esquivel-Quintana said his conduct would have been legal under federal law and the laws of 43 other states that are less strict. The government argued that courts should defer to immigration officials in interpreting laws that are vague.

Writing for the court, Justice Clarence Thomas said the generic federal definition of sexual abuse of a minor requires the ...

News source: Associated Press

See also: Davis & Hoss