Opinion No. (1997)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE BRETT GRANLUND, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: May California deport an illegal alien convicted of a crime as a condition of granting either probation or parole, and may it make it a crime for such illegal alien to return to the state? CONCLUSION California may not deport an illegal alien convicted of a crime as a condition of granting either probation or parole or make it a crime for such illegal alien to return to the state. However, California may release the person to federal immigration authorities for deportation by the federal government. ANALYSIS As a general proposition, a person convicted of a crime in California cannot be deported, exiled, or banished as a condition of granting either probation or parole. (See In re Babak S . (1993) 18 Cal.App.4th 1077 [juvenile court may not impose probation conditioned on the minor living with his parents in Iran for two years]; People v. Bauer (1989) 211 Cal.3d 937 [probation may not be granted on condition that defendant not live near his parents]; People v. Beach (1983) 147…