Alaska Governor Sarah Palin’s daughter’s partner
As reader’s of this blog may have noticed, the “What if he was a foreigner?” entries in this blog address the immigration impact of what would happen if a non-U.S. citizen committed an act or crime that a prominent person has committed. The entire point of these postings is to point out how harsh the immigration laws are and how it could impact people of prominence if they did not have the good fortune to be United States citizens. In this case, the prominent person is yet unnamed. The prominent person is the person who impregnated Sarah Palin’s daughter, who as far as we know, was 16 years old at the time she “knew” her boyfriend.
A person convicted of the crime of sex intercourse with a minor is an aggravated felon under INA § 101(a)(43)(A). Matter of Rodriguez-Rodriguez, 22 I. & N. Dec. 991 (BIA 1999); Afridi v. Gonzales, 442 F.3d 1212, 1217 (9th Cir. 2006). Non-citizens are deportable for aggravated felonies. Being an aggravated felon bars a permanent resident from receiving the common form of relief from deportation, Cancellation of Removal for Certain Permanent Residents, INA § 240A(a).
Fortunately, for the father-to-be, he and Miss Palin, I assume, were in Alaska at the time they conceived the child. Alaska law appears very generous to those over 18 when it criminalized sex with minors.
The Alaska statutory rape laws are found at Alaska Statutes § 11.41.434, 11.41.436, 11.41.438, 11.41.440. The statutes deal with different ages of the minor and the non-minor engaging in sex. Assuming that Miss Palen was older than 13 and that her adult partner was over 18 and adult partner was not Miss Palen’s parent or guardian, a crime would have been convicted only if:
1. Miss Palen was under 16 and the adult was Miss Palen’s employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor.
2. Miss Palen was 16 or 17, the adult partner was three years older than Miss Palin, and the adult partnerwas Miss Palen’s employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor.
If the adult partner reasonably believed Miss. Palin was of age, he would not be guilty of the crime. Similarly if the couple was married and Miss Palin consented at the time of the sexual encounter [and not afterwards], there would be no crime.
In contrast, under California law, as an example, at Cal. Penal Code § 261.5, statutory rape occurs when an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age. While in Alaska the adult would have to be a person of authority like a scout leader or teacher or babysitter and Miss Palin under 16, in California, the adult could be Miss Palin’s long-term boyfriend and Miss Palen 17 years 11 months, 31 days old and the boyfriend exactly 18 years old. Also, in California, even if the adult partner reasonably thought Miss Palen was 18, he would still be guilty.
Thus, unless it turns out that Miss Palin was actually under 16 when she became pregnant and the father of the baby was her minister or counselor or the like, or she was 16 or 17 when she became pregnant and the father of the bay was three years older than she is and was her minister or counselor or the like, the father committed no crime in Alaska and would not be deportable. If the same acts occurred in California, Miss Palin, who may be blessed for being with child,would not have the ability to raise her child with the man she will marry because the young man would be deported and could nver come back to the United States. Under one scenario, he would not be deported – if he was a permanent resident or entered the United States legally, was convicted of misdemeanor statutory rape, was sentenced to more than six months imprisonment, and Miss Palin was a United States citizen and could marry him. In such case, despite being an aggravated felon, the father could adjust status to that of a permanent resident at the discretion of USCIS or an immigration judge. Hopefully, Miss Palin’s mother could write a convincing letter that discretion is warranted in the case.
