Rays shortstop Wander Franco will not be allowed to enter the United States amid allegations of sexual abuse of a minor. A serious crime In his native Dominican Republic, two immigration lawyers who worked with major-league players and clubs said.
In August, via Instagram Live, Franco denied the allegations. But based on comments from immigration attorneys, it seems doubtful that he will be available for spring training and at least the start of the 2024 season., Even before Major League Baseball contemplates any action.
“If all of this has been done by denying full release in this case, I don’t see it coming back anytime soon,” said Javad Cazaeli, a former U.S. Immigration and Customs Enforcement attorney. Who now He works in private practice.
A judge in the Dominican Republic ruled on Friday that Franco is free to leave the country but must return once a month to appear before authorities. Franco was released from custody Monday afternoon. But the U.S. government could revoke Franco’s visa based on the charges against him as a public safety threat, Amy Maldonado said. External consultant For four major league teams (but not the Rays).
“The chances of him getting into the U.S., even with an unrevoked visa, are very slim,” said Casaelli, who has served in senior immigration roles for both the Department of Homeland Security and the Department of Labor.
“To be honest, even if I were his immigration lawyer, I would tell him not to try. It then opens itself up to detention at the border (by US Customs and Border Protection) and an administrative adjudication of these claims.
Franco, 22, is under investigation in the Dominican Republic for allegedly having a relationship with a 14-year-old girl and giving her mother 100,000 Dominican pesos ($1,785) a month to keep the “affair,” according to court documents. as if The athletics.
Major League Baseball is investigating Franco, but certainly won’t take action until his legal issues in the Dominican are resolved. League officials have not commented on the matter. The Rays, the players union and Franco’s personal attorney, Jay Ringer, declined comment. The process can last for months.
If Franco can’t make it to the U.S. on Opening Day, the Rays will have no choice but to place him on the prohibited list. A conviction in the Dominican Republic is a felony under U.S. immigration law and could result in permanent exclusion from the U.S., immigration attorneys said.
In that case, Franco would lose $174 million remaining on the 11-year, $182 million contract he signed in November 2021. No payment shall be made for failure to fulfill the contractual obligations.
The question of whether Franco can return to the U.S. if convicted of lesser charges is “very complicated” and depends on many factors, Maldonado said.
If minimum wage still applies to a minor, “that’s a big mountain to climb,” Casali said. If the crime is considered a “violent crime” and is punishable by more than a year in prison, it will still be considered a felony and result in a permanent ban from the US.
Even if Franco is legally cleared, he could lose his salary if the league’s collective domestic violence, sexual assault and child abuse policies are suspended. Under the policy, commissioner Rob Manfred can suspend a player regardless of whether or not he has been charged with a crime.
“There is a credible case against him. And there is a law enforcement case in a country that we believe is democratic,” Casali said. “We (the United States) will transfer it there. Denying something (unexpected) The visa is going to be approved (shortly) I can’t imagine.
Franco, according to the information he provided about his legal proceedings, a Five-year P-1A athlete visa That would allow him to travel from his native Dominican Republic to play as a professional athlete in the U.S. But the government, Casali said, views the visa as a “special benefit.” The burden is on the alien to prove that entry is warranted.
The Immigration and Nationality Act includes a provision that allows the government to refuse to admit an alien if it determines that reasonable grounds exist. State Department decisions generally cannot be appealed through the judicial system in immigration law cases known as the consular non-review doctrine, Khazaeli said.
“It’s not just the role of issuing visas or Customs and Border Protection,” Maldonado said. “Both agencies take seriously their role in protecting the United States from foreign threats.”
The league placed Franco on paid administrative leave on Aug. 22, citing an investigation into allegations he had inappropriate contact with a minor. As a matter of procedure, the Rays placed Franco on the 40-man roster in 2015. They replied on November 2nd.
If Franco is denied entry into the country, the commissioner’s office has no power to approve another administrative permit.
Administrative leave is a tool the league uses, with the approval of the players’ association, to essentially protect other teams from scrutiny.
“It goes back to the American mentality of innocent until proven guilty,” Maldonado said. But that’s not how Immigration or the Foreign Office work at all.
Once Franco returns, either receives a minor penalty or is cleared, the Rays seem unlikely to shed the remainder of his contract. After the arrests, the teams tried to return Lamar Hoyt, Denny Neagle and Francisco Rodriguez’s guaranteed wages, but the players were to be paid a portion or all of the rest of the money.
Michael McCann, director of the Sports Entertainment Law Institute at the University of New Hampshire, said: “There is no precedent in MLB for teams to terminate contracts — and that has been the case for years, let alone decades. He told the Tampa Bay Times.. Although any new situation can lead to a new outcome, the closest we’ve seen to a contract termination is when the team and the player take a large share of the loan. “
Baseball Domestic violence policy Manfred allows his disciplinary authority to “transfer” to the club. But the Rays couldn’t get the contract off the ground without serious challenges from the union.
All of this, however, assumes that Franco will soon be eligible to return to the United States.
“Having a former Homeland Security attorney in my hat, if this case crosses my desk, there’s zero chance I’m going to issue a visa,” Casali said.
(Wander Franco Top Photo: Douglas P. DeFelice/Getty Images)