CENTRAL ISLIP, N.Y. — An undocumented teenager’s failure to complete court-ordered community service has placed both his plea deal—and potentially his ability to remain in the United States—at risk.
The teen appeared before Judge Karen Kerr in Central Islip Criminal Court in a hearing focused not on guilt or innocence, but on scheduling. Under the terms of a plea agreement, he had the chance to reduce a misdemeanor charge to a non-criminal violation—if he completed a set number of community service hours. The issue, he told the court, is that the required shift—from 10 a.m. to 12 p.m. on weekdays—directly conflicts with his job.
“This is the third client I’ve had today facing the same issue,” said defense attorney Roger Bruce Rothman, emphasizing how rigid service hours disproportionately burden working-class immigrants.
If the teen fails to meet the service requirement, the original misdemeanor charge will stand—exposing him to potential deportation under federal immigration law. While the charge itself is relatively minor, any criminal conviction can trigger immigration consequences for undocumented individuals.
Rothman asked the court to consider moving forward with reduced sentencing without requiring completion of the Assigned Follow-Up Conditions (AFC), a request rarely granted without support from the prosecution.
Judge Kerr responded firmly, pointing out that the plea deal had been negotiated by the District Attorney’s Office and that the court had limited discretion to alter its terms. “These are conditions laid out by the prosecution,” Kerr said. “If the prosecution chooses to withdraw the offer, we will move forward with full sentencing.”
When the judge asked why he couldn’t perform the community service on Sundays, “like everybody else,” the teen’s response was not clearly stated in court. Rothman reiterated that his client understood the importance of the community service requirement and requested a 60-day adjournment to give him time to either adjust his schedule or complete the hours in smaller increments.
Assistant District Attorney James Bass agreed to the extension but made clear that if the service is not completed within the new timeframe, the original, harsher sentencing recommendation will be reinstated.
