Home Deportation Laws What are Criminal Offenses on Deportation?

What are Criminal Offenses on Deportation?

What are Criminal Offenses on Deportation?

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

However, there are problems with this
classification system of criminal immigration law. Going back to the issue of
space, there may already be a problem that certain criminals may not be able to
be detained for long periods because there is nowhere for them to go. Beyond
that, though, the judge’s very decision of a defendant’s viability for deportation
order patrol agents are subject to bias and prejudice, and
while some illegal aliens may arguably be under prosecuted by the EOIR, others
who are guilty of relatively minor crimes may be subject to long detention
periods, harsh treatment and harsher penalties.