Jonah Patel
The two main categories of crimes that can put immigrants at risk of deportation from the US are aggravated felonies and crimes involving moral turpitude. Aggravated felonies include violent crimes with a sentence of at least one year, drug crimes, illegal firearms possession or sales, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, and terrorist activity. Crimes of moral turpitude are generally considered shocking to the conscience or involve dishonesty, such as murder, rape, arson, embezzlement, and fraud. While the specific consequences depend on an immigrant's legal status and criminal history, deportation proceedings can be a serious outcome for those convicted of these crimes.
| Characteristics | Values |
|---|---|
| Crimes | Aggravated felonies, crimes involving moral turpitude, violent crimes, drug crimes, illegal firearms possession, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, terrorist activity, fraud, theft, perjury, murder, rape, arson, terroristic threatening, embezzlement, DUI, money laundering, trafficking, prostitution, minor assault, voting in violation of any federal, state, or local law, etc. |
| Timeframe | A crime involving moral turpitude must have occurred within the first five years after the foreign national was admitted to the U.S. |
| Other | A single crime of moral turpitude with a sentence of less than one year is not grounds for deportation. However, multiple crimes involving moral turpitude can lead to deportation. |
| Waivers | A 212(h) waiver can be requested in some cases, but it is not available for aggravated felonies. An I-601 waiver can be filed with a visa or permanent residence application to seek forgiveness for criminal offenses. |
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What You'll Learn
Aggravated felonies
If an immigrant is convicted of an aggravated felony, they are ineligible for voluntary departure, a discretionary form of relief allowing otherwise deportable immigrants to leave the country at their own expense instead of formal deportation. They are also permanently inadmissible to the US thereafter, unless they receive a rare special waiver from the Department of Homeland Security.
Immigrants convicted of aggravated felonies are also provided fewer legal protections than other immigrants. For example, any immigrant convicted of an aggravated felony who is not a lawful permanent resident may be administratively deported without a formal hearing before an Immigration Judge. They are also ineligible for asylum or any other form of discretionary relief, and they cannot appeal to the Board of Immigration Appeals.
Green card holders who have committed aggravated felonies are not eligible for a 212(h) waiver, which is a form of legal forgiveness.
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Crimes of moral turpitude
The two main categories of crimes that can put an immigrant at risk of deportation from the US are aggravated felonies and crimes of moral turpitude. While aggravated felonies carry harsher consequences, crimes of moral turpitude are also serious offences that can lead to deportation.
A single CMT conviction, if committed within five years of entry to the US and resulting in a sentence of confinement of one year or more, can be grounds for deportation. However, if the sentence is less than one year, it would not be a ground for deportation, although it might still provide a basis for deportability as an aggravated felony.
Multiple CMT convictions at any time after entry to the US can also lead to deportation, as long as the offences did not arise from a single scheme. Even without a conviction, a noncitizen's admission of committing a CMT may trigger inadmissibility or disqualify them from certain forms of relief.
It is important to note that the immigration consequences of a CMT conviction can vary depending on the individual's immigration status and history. In some cases, a CMT may be waived, allowing the individual to reapply for a green card. However, this waiver is not available to those who have committed an aggravated felony or pose a threat to national security.
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Violent felonies
The term "violent felony" is not specifically defined in U.S. immigration law, but there are several violent crimes that can lead to deportation. These crimes fall under the broader categories of “aggravated felonies” and “crimes of moral turpitude.” Here are some examples of violent felonies that can result in deportation:
Aggravated Felonies
Aggravated felonies are a category of offenses that carry severe immigration consequences for noncitizens convicted of such crimes. The term "aggravated felony" does not necessarily refer to a violent crime, but it encompasses a wide range of offenses that Congress has chosen to label as such. Aggravated felonies often result in deportation and can include violent crimes such as:
- Murder
- Rape
- Drug or firearms trafficking
- Sexual abuse of a minor
- Child pornography
- Certain forms of fraud, such as tax evasion involving large amounts
- Theft or violent crimes resulting in a prison sentence of at least one year
- Domestic violence
- Stalking
- Child abuse or neglect
- Terrorist activity
- Human trafficking
Crimes of Moral Turpitude
Crimes of moral turpitude are a separate category of offenses that can also lead to deportation. These crimes are broadly defined as conduct that shocks the public conscience and may include violent acts such as:
- Domestic violence
- Other forms of assault
- DUI resulting in injuries
- Minor assault
- Theft crimes
It is important to note that the specific laws and criteria for deportation due to violent felonies may vary, and there may be exceptions or waivers available in certain circumstances. Additionally, the definition of a violent felony may evolve over time as immigration laws change.
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Drug crimes
Initially, in 1988, the term "aggravated felony" referred only to murder, federal drug trafficking, and illicit trafficking of certain firearms and destructive devices. However, Congress has since expanded the definition to cover more than thirty types of offenses, and it continues to add new offenses to the list. Today, drug offenses that are typically considered "aggravated felonies" include drug trafficking, distribution of drugs, and manufacturing. In addition, if several drug charges are added to a drug crime, these may constitute "aggravated felonies."
It is important to note that the definition of "aggravated felony" under immigration law is distinct from the common understanding of the term. An "aggravated felony" in the context of immigration does not require the crime to be "aggravated" or even a "felony." Instead, it is simply an offense that Congress has chosen to label as such, and it can include nonviolent and seemingly minor offenses.
Even if a drug crime is not considered an "aggravated felony," it can still result in deportation if it falls under the category of crimes involving moral turpitude (CIMT). CIMTs refer to crimes that are considered shocking to the conscience or involve dishonesty. While simple possession of drugs for personal use is typically not considered a CIMT, drug offenses involving trafficking, distribution, or manufacturing may be.
The immigration consequences of a drug conviction can be severe, and it is essential for noncitizens to seek legal advice from experienced immigration attorneys to understand the potential impact on their status.
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Firearm offences
A firearm offence will usually fall into one of these categories if it involves the actual use or threatened use of a gun. Simply violating a concealed or public carry law does not typically count as an aggravated felony or CIMT. However, a conviction for unlawful possession of a firearm does not normally prevent an individual from getting a visa or receiving lawful permanent resident status.
Federal firearm offences are generally "removable" (deportable) crimes. Non-citizens can be deported for violating federal law with any firearm or destructive device. However, most firearms crimes are charged under state law, and state laws may differ from federal law. For example, some states criminalize the possession of antique firearms, which are explicitly excluded as firearms offences under federal law and therefore not a deportable offence.
It is important to note that a single crime of moral turpitude with a sentence of less than one year would not be grounds for deportation. However, multiple crimes of moral turpitude at any time after entry would render an individual deportable, as long as the offences did not arise from a single scheme.
In terms of defences, there are limited options for aggravated felonies. However, if an individual can prove that they would be tortured in their native country upon return, they may be able to avoid deportation. For CIMTs, a waiver may be available if the crime was committed more than 15 years before the individual applied to adjust their status to permanent resident. Additionally, if the crime was related to prostitution, a judge may grant a waiver.
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Frequently asked questions
Aggravated felonies are serious crimes that are specifically mentioned in the US Immigration and Nationality Act. They include murder, rape, arson, terrorism, drug crimes, illegal firearms possession or sales, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, and more.
Crimes of moral turpitude are crimes that involve shocking behaviour or dishonesty. Shocking crimes include murder, rape, arson, child abuse, and terroristic threatening. Crimes involving dishonesty include embezzlement, fraud, theft, and perjury.
Grounds for deportation include crimes of moral turpitude, aggravated felonies, and other crimes listed within US law.
Examples of crimes that can lead to deportation include violent felonies, drug crimes, theft, and fraud.
Yes, there are some exceptions and waivers available for certain crimes. For example, a 212(h) waiver can be applied for certain crimes of moral turpitude, such as those related to prostitution or committed more than 15 years ago. An I-601 waiver can also be filed to seek forgiveness for criminal offenses. However, not all crimes are eligible for a waiver, and aggravated felonies generally result in deportation and permanent inadmissibility to the US.
