Donald Trump’s conviction for charges relating to a hush money payment to a porn star that broke election finance rules made him the first former US president to be found guilty of a felony.
While all eyes are on how the decision could impact this year’s US presidential race, the real estate mogul’s newly earned felon status also has wide-ranging implications that go beyond an attempt to avenge his 2020 election loss.
Chief among them: Trump could be banned from coming to Australia.
Section 501 in Australia’s Migration Act gives the federal immigration minister the ability to refuse a visa to someone who fails the character test. The first reason that someone may fail the test listed in the legislation is if they have a “substantial criminal record” which can include being sentenced to a term of 12 months of prison or more. US whistleblower Chelsea Manning was told that then immigration minister David Coleman intended to refuse her visa to visit for a speaking tour on these grounds in 2018, after she served seven year of a 35 year sentence.
If you believe the man, Trump is going to jail for 187 years, which would definitely satisfy the substantial criminal record requirement. In reality, Trump has yet to be sentenced and faces a maximum possible sentence of 20 years imprisonment under New York state law. US legal experts think that any length of imprisonment is unlikely as the former president has no criminal record and very few people who committed the same crime received any jail time at all.
It’s doubtful that the federal government would refuse a Trump visit to Australia even if he ends up being imprisoned for a year or more. A federal immigration minister would have discretion over the decision and denying a former US president, even one with a criminal record, would likely cause a diplomatic snafu. Complicating this further is Trump’s possession of a diplomatic passport which gives holders the ability to travel to Australia without a visa but only on official government business.
While no doubt relieved that he can probably return to see our beautiful beaches and the Sydney Opera House again, Trump faces a number of other restrictions as a consequence of his convictions. These include obstacles visiting at least 36 other countries including New Zealand, as well as a ban on owning guns or sitting on a jury. Having a criminal record can also make it harder in Australia to be admitted as a lawyer or a healthcare practitioner, get home insurance, rent a house or work with children. He’s even barred from teaching English in South Korea.
Crucially, Trump can still run for and be elected president even if he’s in jail. But he may not be able to vote for himself if he was behind bars — New York allows felons to vote only after their sentence is up.
Should Trump be banned from visiting Australia? Let us know your thoughts by writing to letters@crikey.com.au. Please include your full name to be considered for publication. We reserve the right to edit for length and clarity.
