After serving his sentence for fraud, Joe Giudice of Real Housewives of New Jersey is about to be deported. Giudice is not an American citizen but has been living in the US since he was 1 year old. We discuss the case on HLN with Mike Galanos. And will Teresa, his wife, stay with him or get a divorce?

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#JoeGiudice is about to be deported. Is this right?

March 14th, 2019

Teresa Giudice: Remember when we used to do this when we first started dating? I love you.

Joe Giudice: I love you too. We’ll be all right, we’ll get over this.

Andy Cohen: What you’re saying is that you would split up? That’s what you’re saying?

Teresa Giudice: I mean unless my kids say, mommy I want to move to Italy.

Mike Galanos: So, we’ll see here. That’s Real Housewives of New Jersey star Teresa Giudice. She really going to divorce her husband if he gets deported? Because Joe Giudice was just released from Federal prison this morning after a forty-one-month sentence for fraud. The forty-six-year-old dad of four won’t get to see his wife and kids he’s in ICE custody right now, facing deportation to his native Italy. Let’s bring it Bob Bianchi now, host of Law and Crime Network and a former New Jersey head Prosecutor, Criminal Defense expert as well. So, is he going to get deported or what? Let’s start there.

Robert Bianchi: It looks pretty much so, you know when I was Prosecutor I had a little bit of a battle with ICE because they can deport you if you commit a crime of what they call moral turpitude or an aggravated felony .And believe it or not whatever that term moral turpitude means can be something as minor as a DWI driving while under the influence. So, they’ve already gone before a court, Mike, and the court said, this is an aggravated felony, it is a complete bar to your continued stay in the United States because you were only a permanent resident, he came here when he was one year old but he never naturalized himself and became a citizen. And so now, they’re on appeal but they have to show that the judge went into an abuse of discretion of the statute and based upon the crimes which he was convicted fraud, tax evasion, and the like, I can’t see a court over reversing the original courts scenario. So, I think he’s going to be deported, while I think this policy needs to be revisited because I dealt with numbers in cases where people have lived in this country their entire lives, have their families and their businesses here, never the less, that is the state of the law right now.

Mike Galanos: Wow, okay, so as you dig a little deeper, what is his best argument to stay?

Roberts Bianchi: His best argument is that, I’ve been here forever, my family’s here, I know no one there, I don’t know that culture, I should be with my wife and my kids, in fact if I leave my wife and my kids will now be deprived of their father, especially if a divorce is ensuing. And that, in the better interest of society, this would be the argument that I’m making, that in fact these law and crimes of moral turpitude, they really weren’t aggravated Felonies judge. And the society is not harmed, so long as Joe Giudice continues to lead a law-abiding taxpaying life. That would be the argument.

Mike Galanos: Got it, all right we’ll see how it plays out, both for him and also for their marriage. As Teresa herself is a debating internally. All right Bob, thanks again, appreciate it.