Criminal offenses can have a devastating impact on an individual’s life, including their ability to remain in the United States. Immigration law provides for deportation of non-citizens who engage in certain criminal activities. But what are criminal offenses that could lead to deportation?
This article will explore the various crimes that can trigger deportation and the consequences that non-citizens face if convicted of these crimes. We will also look at how the current administration is dealing with immigration laws and deportation.
What is deportation?
Deportation is the process of removing an immigrant from the country. It is a permanent ban on entering the United States and could mean the separation of an individual from their family members and friends. Deportation is often the consequence of violating an immigration law or committing a crime that is outlined in the Immigration and Nationality Act (INA).
What is the Immigration and Nationality Act?
The INA is a federal law that governs immigration policies in the United States. It outlines the types of visas that are available to immigrants and the grounds for inadmissibility, removal, and deportation. The Act also defines what constitutes a criminal offense that can trigger deportation.
The INA divides criminal offenses into two categories, Crimes of Moral Turpitude (CIMT) and Aggravated Felonies (AF). Let’s take a closer look at each of these offenses.
Crimes of Moral Turpitude (CIMT)
Crimes of moral turpitude (CIMT) are offenses that involve dishonesty, fraud, or intent to harm. These types of crimes can lead to deportation regardless of the severity of the offense. Examples of CIMT include:
– Fraud
– Assault with the intent to cause bodily harm
– Forgery
– Theft
– Prostitution
– Fraudulent use of credit cards
– Crimes related to controlled substances
If an individual is convicted of a CIMT within five years of entering the country, or commits two or more CIMTs at any time after entering the United States, they can be removed from the country.
Aggravated Felonies (AF)
Aggravated felonies (AF) are serious offenses that can result in permanent deportation for a non-citizen. These are offenses that are classified as felonies under state or federal laws. Examples of AF include:
– Rape
– Sexual abuse of a minor
– Murder
– Drug trafficking
– Human trafficking
– Money laundering
– Theft or burglary with a sentence exceeding one year
Under the INA, anyone convicted of an AF after entering the country can be deported, regardless of their immigration status. Even lawful permanent residents, or green card holders, can be deported if they are found guilty of an AF.
Consequences of Criminal Offenses on Deportation
The consequences of criminal offenses on deportation can be devastating. If an individual is deported, they are not only separated from their family members and friends but also lose any opportunities that may have been available to them in the United States. They may also face challenges in securing a visa or entering the country in the future.
It’s important to note that non-citizens who are convicted of a crime can also face detention while their immigration case is under review. In some cases, they may be held until their deportation.
Furthermore, individuals that are in the country illegally or have overstayed their visas, can be placed in removal proceedings and must defend against deportation in immigration courts.
Current Immigration Laws and Deportation
The current administration has continued to strengthen immigration laws and enforcement, making it even more challenging for non-citizens who are convicted of criminal offenses to remain in the country.
For example, in 2018, the Department of Justice (DOJ) issued a memo that changed the way immigration judges review asylum cases. The memo was aimed at making it more challenging for individuals with criminal records to apply for asylum, and it has resulted in a higher number of denials.
In addition, the current administration has increased the use of expedited removal, a process that allows immigration officials to quickly remove an individual without a hearing before an immigration judge.
Recently, the administration has also expanded the use of facial recognition technology for visa applicants and individuals seeking entry into the country. The technology is being used to identify individuals with criminal records more efficiently.
Conclusion
Criminal offenses can have severe consequences for non-citizens in the United States. Under the INA, individuals can face deportation if they are convicted of a Crime of Moral Turpitude or Aggravated Felony. The consequences of deportation can result in a permanent ban on entering the country, separation from family members, and challenges in securing a visa or entering the country in the future.
It’s essential to understand the current immigration laws and enforcement policies. The current administration has continued to strengthen immigration laws and enforcement, making it even more challenging for non-citizens convicted of criminal offenses to remain in the country.
If you or someone you know is facing deportation as a result of a criminal offense, it’s crucial to seek legal advice from an immigration lawyer who can help you navigate the complex immigration system and protect your rights.
Theoretically, a criminal illegal alien in the United States should not have to be categorized based on the severity of their crime. By the sole virtue of their being in the country illegally, they are criminals, and should be held accountable for their violation of immigration law criminal. Consequently, immigration officials must
decide if the illegal alien who is guilty of a crime should be detained for further processing or allowed to be released back into American society to potentially commit another crime. The ICE works hand in hand with the Executive Office for Immigration Review, a subset of the Department of Justice, to hear criminal immigration cases in one of several immigration courts murder.
