Why experts believe Wander Franco’s MLB future is likely over despite avoiding prison time

Even though Wander Franco was spared prison time in the Dominican Republic, don’t expect the former Tampa Bay Rays shortstop to make a return to Major League Baseball.

A judge in the D.R. on Monday found Franco “criminally responsible” for abusing a minor, though he was granted a judicial pardon because the court also considered him a “victim” of extortion and blackmail. But multiple legal experts believe that distinction won’t matter when it comes to Franco being allowed back into the United States.

“There’s no way the Department of State will give this man a visa,” said immigration attorney Amy Maldonado, whose clients include several MLB teams. “… The only way he’d ever have gotten a visa again is if he’d been found innocent, and it was compelling evidence.

“The fact that he’s guilty of sexual abuse of a minor, he’s done. He’s never getting into the U.S.”

Maldonado added that her perspective has nothing to do with the current presidential administration’s hardline immigration policies, stating that “any other administration would not approve this visa.”

Franco last played for the Rays in August 2023, when he was first accused of having an illegal relationship with a 14-year-old girl. The girl’s mother received a 10-year prison sentence in this case for charges related to trafficking her daughter. The judge said her actions in blackmailing Franco made him a victim.

Franco was initially convicted last June and given a two-year suspended sentence. However, an appeals court ordered a retrial, which resulted in Monday’s verdict.

“The court granted Franco a judicial pardon for the particular circumstances that placed him as a victim from a material standpoint, though not a legal one,” said the presiding judge, José Ramón Núñez.

Franco is on baseball’s restricted list, and not currently being paid out his 11-year, $182 million contract with the Rays. Notably, he’s not on the restricted list for his conduct, but rather because he cannot legally enter the United States and is unavailable to fulfil the terms of his contract.

MLB could still complete its open investigation into Franco, whose full sentencing will take place on June 16, at which point the league will have a better sense of what its next steps, if any, will be.

An MLB spokesperson said the league is “aware of (Monday’s) verdict in the Wander Franco trial and will conclude our investigation at the appropriate time.” The league declined further comment.

“He’s not coming back to the United States,” said immigration attorney Charles Kuck, noting that judicial pardon wouldn’t be relevant if Franco re-applied for a visa. “We don’t recognize foreign pardons. The only pardons that matter are from the president.”

Maldonado said that Franco could apply for a 212(d)(3) waiver, which is often the mechanism for immigrants to re-enter the U.S. if they have a previous deportation and/or conviction.  But, Maldonado said, “you have to basically show that, on balance, you are a net benefit,” and the government weighs multiple factors in determining eligibility for a visa.

“Conviction of a sex crime against a child,” Maldonado said. “Yeah, you’re done. It’s never going to happen. No consular officer is ever going to recommend that.”

California-based immigration attorney Adrian Uribe agreed that it’s very unlikely that Franco would ever be allowed back in the United States, but didn’t rule out that Franco could at least make an argument for re-entry.

He noted that if Franco were to make an effort to re-acquire a visa, his attorney would likely argue the ambiguity of him being held “criminally responsible” rather than convicted outright.

If he’s found criminally responsible by a judge, but that judge refuses to convict him, Uribe said, whether by a pardon or other means, that could be the basis of an argument.

When asked if the Rays would prefer to remove Franco from the roster entirely, given the case’s finality, the team declined to answer, but provided a written statement.

“The Tampa Bay Rays are aware of today’s ruling in the Dominican Republic involving Wander Franco. We respect the legal process and the decision issued by the court. This is a serious matter, and our thoughts remain with those affected by the case.

“The Rays will continue to cooperate fully with Major League Baseball as it completes its review under the league’s Joint Domestic Violence, Sexual Assault and Child Abuse Policy. Out of respect for the legal process and all parties involved, we will have no further comment at this time.”