Sentencing Commission Proposes Cultural Assimilation Departure for U.S.S.G. §2L1.2 cases

On April 13, the USSC unanimously voted in favor of an amendment permitting a downward departure in illegal reentry cases under U.S.S.G. §2L1.2 in cases where the defendant has established cultural ties to the United States from childhood and those ties provided the primary motivation for the reentry or continued presence in the United States. The proposed new amendment is at application note 8 to §2L1.2. Barring any action from Congress, the amendment will take effect November 1, 2010.