国会研究服务部-犯罪活动的移民后果（英文）-2021.5-37页_1mb

报告摘要

Summary of Immigration Consequences of Criminal Activity

Core Content

This report outlines the immigration consequences of criminal activity under the Immigration and Nationality Act (INA), as amended. It explains how criminal conduct can affect an alien's ability to be admitted into the United States, remain in the country, or obtain relief from removal. The report also addresses the legal framework governing immigration enforcement, the distinction between inadmissibility and deportability, and the impact of criminal activity on immigration benefits and naturalization.

Main Points

Congressional Authority: Congress has plenary power over immigration laws, which includes the exclusion or removal of aliens based on criminal activity. However, this authority is subject to constitutional limitations.
Immigration Laws Administration: The administration of U.S. immigration laws involves multiple federal agencies, including the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the State Department. The Homeland Security Act of 2002 transferred most immigration enforcement responsibilities from the Attorney General to the DHS.
Inadmissibility vs. Deportability:
- Inadmissibility applies to aliens seeking entry into the U.S. and refers to crimes that make an alien ineligible for admission.
- Deportability applies to aliens already in the U.S. and refers to crimes that render them removable from the country.

Key Information

Criminal Grounds for Inadmissibility Under INA § 212(a)(2)

Ground of Inadmissibility	Covered Aliens	Exceptions
Crimes involving moral turpitude	Alien convicted, admitted to having committed, or admitted to committing acts that constitute the essential elements of a "crime involving moral turpitude," unless it was a purely political offense	Applies only if the alien committed more than one crime, or if the maximum penalty exceeds one year of imprisonment
Controlled substance offenses	Alien convicted, admitted to having committed, or admitted to committing acts that constitute the essential elements of a violation of any controlled substance law	None
Multiple criminal convictions	Alien convicted of two or more offenses with aggregate sentences of five or more years	None
Drug trafficking	Alien involved in drug trafficking, or their family members who received benefits from such activity	None
Prostitution and commercialized vice	Alien seeking to engage in prostitution or related activities	None
Serious criminal activity	Alien involved in serious criminal activity and departed the U.S. as a result	None
Human trafficking	Alien who committed or conspired to commit human trafficking	Applies only if the child was not involved in the activity
Money laundering	Alien who engaged in money laundering	None

Criminal Grounds for Deportability Under INA § 237(a)(2)

Ground of Deportability	Covered Aliens	Exceptions
Crimes involving moral turpitude	Alien convicted of a crime involving moral turpitude (within 10 years for LPRs, 5 years for others)	Does not apply if the alien received a full and unconditional pardon
Multiple criminal convictions	Alien convicted of two or more crimes involving moral turpitude not arising from a single scheme	Does not apply if the alien received a full and unconditional pardon
Aggravated felonies	Alien convicted of an aggravated felony	Does not apply if the alien received a full and unconditional pardon
High-speed flight	Alien convicted of high-speed flight from an immigration checkpoint	Does not apply if the alien received a full and unconditional pardon
Failure to register as a sex offender	Alien convicted under the Sex Offender Registration and Notification Act (SORNA)	None
Controlled substance offenses	Alien convicted of violating any controlled substance law	Does not apply if the offense was possession of 30 grams or less of marijuana
Certain firearm offenses	Alien convicted of unlawful possession or use of firearms	None
Miscellaneous crimes	Alien convicted of offenses related to espionage, sabotage, treason, sedition, or threats against the President	None
Domestic violence offenses	Alien convicted of domestic violence, stalking, child abuse, neglect, or abandonment	None
Violators of protective orders	Alien who violated a protective order related to harassment or domestic violence	None
Human trafficking offenses	Alien who committed human trafficking offenses	Applies only if the child was not involved in the activity

Legal Implications

Relief from Removal: Certain crimes may disqualify an alien from relief options such as asylum, withholding of removal, or cancellation of removal.
Naturalization: Criminal activity can prevent an alien from becoming a U.S. citizen.
Legal Representation: Criminal defense attorneys have a duty to inform their clients about potential immigration consequences of a criminal conviction.
Conviction Definition: A conviction under the INA is defined broadly and may include plea bargains, deferred adjudication, or other non-final dispositions.
Legal Interpretation: Courts and the Board of Immigration Appeals (BIA) interpret the INA's predicate offenses, which can vary depending on the specific relief or benefit sought.

Issues for Congress

The report highlights several legal issues that may be of interest to Congress, including:

The interpretation of "crime involving moral turpitude."
The definition and scope of "aggravated felony."
The application of criminal convictions to immigration consequences.
The balance between criminal law and immigration law, particularly regarding the rights of aliens in removal proceedings.
The responsibilities of legal professionals in advising aliens on immigration consequences of criminal activity.

Conclusion

The INA provides a comprehensive framework for determining the immigration consequences of criminal activity. Criminal conduct can lead to inadmissibility, deportability, or loss of immigration benefits, depending on the nature of the crime and the alien's status. Understanding these consequences is essential for both legal practitioners and aliens to navigate the intersection of criminal law and immigration law effectively.

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