Immigrant won’t face deportation over passing out condoms

A permanent resident alien from the Dominican Republic will not face deportation after being convicted in 2007 of passing out condoms in Minnesota brothels.

Manuel de Jesus Familia Rosario has been a permanent resident in the U.S. since 1999, and entered a guilty plea in federal court in 2007 for aiding and abetting a conspiracy involving “importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose,” reports Court House News.

Familia Rosario was allowed a light sentence when prosecutors admitted he was a minor participant in the prostitution business. He immediately faced deportation action following his release from prison, and he fought the move. He argued that because he had been in the country for five years without any convictions, he was eligible for a waiver of deportation. Immigration judges and officials disagreed. But the 7th Court of Appeals on Wednesday said he could not be removed.

“While the plea agreement showed that Familia Rosario had knowledge of the object of the conspiracy and aided and abetted the conspiracy, it stretches the bounds of logic to suggest that his conduct, distributing condoms, was conduct that ‘related to’ the owning, controlling, managing or supervising of a prostitution business,” Judge Ann Claire Williams wrote for the court.

“While condoms are mandatory for the operation of prostitution businesses in some jurisdictions … and are certainly ‘essential’ in the sense that their use among commercial sex workers has proven to help stem the spread of HIV and other diseases … we note that there was no regulation requiring their use in this case, and that the business of prostitution has historically been able to be managed, owned, controlled and supervised without such precautions,” she added.

In some jurisdictions, like Washington D.C., carrying three of more condoms is enough to be charged with prostitution.