The Houston Astros cheating scandal does not seem to be fading away; players from other teams and fans continue to bring up the scandal during the pre-season. The scandal is more than merely a stain on the integrity of the game; it could impact the ability of players to remain in the United States.

There has been some talk that the cheating by the Astros during the 2017 World Series could rise to the level of criminal activity; some have dismissed such an idea – but an examination of Texas law is revealing.

Looking at the information that has come out of the Commissioner’s investigation, a case could easily be made that violations of Texas Penal Code section 32.44 Rigging Publicly Exhibited Contestor section 32.42 Deceptive Business Practices were made. Both crimes are misdemeanors in Chapter 32 of the Penal Code – the chapter where one finds offenses of fraud.

Reports are that the communications regarding the pitches were sent to the batters either by banging a trash can or by a small vibrating device secreted under the player’s clothing. Either way, the method of communication could fall under the definition of a “criminal instrument” under Texas Penal Code 16.01a(2) Unlawful Use of Criminal Instrument. A player with knowledge of and with the intent to use a criminal instrument in the commission of an offense, who installs or sets up the instrument or device is guilty of a state jail felony. Once a felony is involved, given the number of players and coaches implicated, then Texas Penal Code section 15.02 Criminal Conspiracy is implicated.

With the possibility that actual crimes were committed, the actions of the players and coaches cannot be swept aside as merely cheating at a game. Fans and other teams have a right to their outrage for many reasons. Characterizing the actions of the Astros as actual crimes has a special meaning for those involved who are not citizens of the United States; being involved in criminal activity can be a one-way ticket back to their country of origin.

For the approximately 25% of MLB players born outside the United States, cheating could impact their ability to remain in the U.S. and play baseball. Some players may be here on a visa, and some may have a “green card” – that is, they are legal residents. But unless they have naturalized, they are still non-citizens and the impact of criminal activity cannot be minimalized; non-citizens have been processed for deportation for crimes as small as littering and traffic tickets. Felonies and crimes involving fraud have a large impact on a non-citizen’s ability to remain in the U.S.

The Astros have players born in Cuba and the Dominican Republic; they also have Jose Altuve, who was born in Venezuela. Other MLB players who were born in Venezuela are Elvis Andrus from the Texas Rangers and Asdrúbal Cabrera from the 2019 World Series winning Washington Nationals. What separates the three players is that in 2019, Andrus and Cabrera became naturalized U.S. citizens, and therefore they are not subject to the laws regarding non-citizens.

We all want to enjoy baseball without scandal or controversy. The players who are not citizens of the United States should be aware that their celebrity will not protect them if they run afoul of “crimmigration” laws. Like everyone else, they should obey the law and if they want to join a realteam, they should become a naturalized U.S. citizen.

March 7, 2020

Jeanne Morales – Immigration Attorney