ST. PETERSBURG, Fla. (AP) — Wander Franco, the talented shortstop for the Tampa Bay Rays, may face challenges entering the United States due to accusations of sexual abuse of a minor in his native Dominican Republic. Immigration attorneys who have experience in working with major-league players and clubs disclosed that Franco is unlikely to be granted entry into the US while facing such serious charges.
Franco has denied the allegations on an Instagram live broadcast last August, but immigration attorneys suggest that his participation in spring training and availability for the start of the 2024 season may be in doubt. Major League Baseball is yet to take any action on the matter.
Javad Khazaeli, a former prosecutor for U.S. Immigration and Customs Enforcement, who now practices in the private sector, expressed skepticism regarding Franco’s return. “Barring a complete exoneration in this case, where it comes out that this was all made up, I don’t see him very likely coming back anytime soon, if ever,” Khazaeli stated.
A judge in the Dominican Republic ruled that Franco is free to leave the country but must return monthly for court appearances. However, the U.S. government has the authority to revoke Franco’s visa if they deem him a potential threat to public safety based on the allegations against him.
Khazaeli, who has held senior immigration positions for both the Department of Homeland Security and Department of Labor, believes that even if Franco had a valid visa, it would be highly improbable for him to enter the U.S. “To be honest, if I was his immigration attorney, I would tell him not to even try,” Khazaeli asserted.
The 22-year-old Franco is currently under investigation in the Dominican Republic for allegations of having a relationship with a 14-year-old girl and providing financial support to her mother. If convicted, the charges would be considered an aggravated felony under U.S. immigration law, potentially resulting in a permanent ban from the United States.
Major League Baseball is conducting its own investigation into the matter but has refrained from making any comments relating to Franco’s case. The Tampa Bay Rays, the Players Association, as well as Franco’s personal attorney, Jay Reisinger, have also chosen not to comment. The process of resolving Franco’s legal matters in the Dominican Republic could take months.
If Franco is unable to enter the U.S. by Opening Day, the Rays would have no choice but to place him on the restricted list, which would deny him payment. Immigrants convicted of aggravated felonies in the Dominican Republic would be permanently barred from entering the United States, potentially nullifying Franco’s 11-year, $182 million contract.
The possibility of Franco returning to the U.S. even if convicted of a lesser offense remains uncertain. It would depend on various factors and the nature of the crime involved. The league’s joint policy on domestic violence, sexual assault, and child abuse could also lead to suspensions even without criminal charges or convictions.
Franco currently holds a five-year P-1A Athlete visa that enables him to travel from the Dominican Republic to perform as a professional athlete in the U.S. However, the burden lies on him to establish his eligibility for admission, as the U.S. government views having a visa as an extraordinary benefit.
The fate of Franco’s visa ultimately rests with the State Department, which has the authority to deny admission to a foreign citizen if there are reasonable grounds to do so. Appeals against State Department decisions are typically not entertained within the judicial system.
While administrative leave is a customary tool used by Major League Baseball to navigate investigations, the league would be unable to approve another period of leave if Franco is barred from entering the country. It remains unclear if the Rays would terminate Franco’s contract if he is eventually permitted to return.
For now, Franco’s future in the U.S. hangs in the balance as the legal proceedings in the Dominican Republic unfold. According to Khazaeli, given the seriousness of the allegations and ongoing enforcement actions, the chances of his visa being approved are minimal.