98 convicted held to new 99 law?

Question

If you get chargerd in 98 sentenced then get out in 99 can they hold you to the new law of 99. I ask cause someone I know son got caught smuggling drugs in 98 he was charged and sentenced then released in 99. The new law of 99 stated that all criminals charged of the offense who are not citizens of the U.S. get deported. He got deported even though he got busted in 98 and not in 99. Also he was deported to the wrong country. Any help? Its just for the knowledge.

Answer 1

I don't care if he was smuggling drugs or not. he was here illegally, so he deserved to be deported. I'm also glad he got deported to a different country than where he's from. This will make it harder for him to get back here. I love happy endings like this one.

Answer 2

That's one of the few exceptions to the rules against ex post facto (after the fact) laws, and it's based on a Supreme Court decision called St. Cyr.

Basically, since the action itself was criminal when he committed it, and the direct criminal punishment (fines and/or jail time) has not changed, the retroactive application of the deportation is not considered a higher sentence or additional punishment. It is something happening now, based on his prior crime.

It's a bizarre distinction, and it took me several weeks to wrap my head entirely around it during law school.

Answer 3

I am not sure whether the Ex Post Facto Clause in the U.S. Constitution applies to non-citizens, but the Geneva and Hague Convention (of which the U.S. are signatories and allegedly bound) prohibit ex post facto laws being imposed. Further, the Ex Post Facto Clause may not apply here, since it was a crime when committed, but the offense has changed.

Answer 4

he is not a citizen and is probably not protected from ex post facto. ask a lawyer.