Thread: Mandatory Deportation for Criminal Conviction on the Rise

Mandatory Deportation Based on Criminal Conviction on the Rise
The US has been steadily criminalizing immigration laws and increasing the severity of the penalties for aliens who violate US laws which results in mandatory deportation for some.


May 02, 2009 / Mandatory Deportation Based on Criminal Conviction on the Rise

Article provided by Howard A. Snader

The United States has been steadily criminalizing immigration laws and increasing the severity of the penalties for aliens who violate US laws. This includes those who enter the country illegally as well as those legally here as permanent residents or with nonimmigrant visas.

The scope of the types of crimes that can lead to mandatory deportation also has widened. Now legal residents who are convicted of almost any crime - even misdemeanors under state law - may be deported based on that conviction. This includes convictions for misdemeanors like shoplifting and petty drug crimes. A conviction for drunk driving also can be used by the federal government as grounds to begin removal proceedings.

Conviction of the following crimes can trigger mandatory deportation of legal and illegal aliens:

• Drug crimes
• Being a drug user or addict
• Possessing, selling, buying or owning firearms or any parts or accessories
• Crimes of moral turpitude
• Aggravated felonies
• Failure to register as a sex offender
• Committing acts of domestic violence, stalking, child abuse, neglect or abandonment, including violating a protective order
• Prostitution
• Violation of any US immigration laws, including failing to report address changes, falsifying immigration documents, falsely claiming US citizenship, helping others enter the country illegally and knowingly providing false or misleading information on any immigration document or application
• Threats to national security, terrorism

8 USCA §1227(a)(2). For the majority of these crimes, it does not matter how long the legal resident has lived in the United States. If any non-citizen commits one of these crimes at any time after entering the country, he or she may be deported if convicted. It also does not matter if he or she is actually charged with committing the crime - charges of conspiracy or attempt for any one of these crimes also may trigger deportation.

Crimes of Moral Turpitude

Crimes of moral turpitude have been defined as any acts that involve a base or vile act, including:

• Murder, homicide, voluntary manslaughter
• Assault with a deadly weapon
• Carrying a concealed weapon with intent to cause bodily harm to another
• Sex offenses, including rape, sexual assault, prostitution
• Child pornography
• Adultery
• Embezzlement, theft, robbery
• Arson
• Welfare fraud
• Fraudulently issuing check with insufficient funds
• Receiving stolen property

Aggravated Felonies

A conviction of an aggravated felony is the category used most often to deport people from the US. Aggravated felonies used to only include murder, weapons trafficking and drug trafficking, but now the category includes more than 50 types of crimes. These crimes do not have to be felonies either -- some state misdemeanors are considered aggravated felonies. Legal residents convicted of an aggravated felony any time after entering the country may be deported, no matter how long they have been in the country.

When legal residents or non-citizens are convicted of aggravated felonies, they will be held in a detention facility while their deportation proceedings are pending. The US government can hold people in these detention facilities indefinitely. They also may be barred from ever re-entering the country again.

Some examples of aggravated felonies include:

• Any crimes of violence requiring the use of force against a person or property that carry a jail sentence of at least one year
• Sex crimes, sexual abuse of a minor
• Child pornography
• Bribery, forgery, counterfeiting, violation of certain gambling laws
• Perjury, obstruction of justice
• Theft, burglary, larceny
• Drug crimes
• RICO violations
• Tax evasion
• Human trafficking, prostitution
• Why You Need an Immigration Lawyer

Under current US law, those facing deportation do not have the right to a court-appointed attorney. Only those in criminal proceedings have the right to counsel and removal proceedings are not considered criminal proceedings.

The majority of aliens facing removal proceedings do not have attorneys. This is a horrible mistake. Immigration laws are complex and the consequences of deportation are severe. In the best case scenario, an alien only may be removed from the country for 10 years or less. In the worst case scenario, an alien may be permanently banned from ever returning.

This is why it is so important to have legal representation. An immigration attorney can help explain the law and determine if an alien is eligible for a deportation waiver or other forms of relief. It is important to begin working with an attorney as soon as possible in the process. The consequences of deportation are too severe not to do everything you can to protect your rights.


http://www.24-7pressrelease.com/press-r ... -98865.php

Conviction of the following crimes can trigger mandatory deportation of legal and illegal aliens:

• Drug crimes
• Being a drug user or addict
• Possessing, selling, buying or owning firearms or any parts or accessories
• Crimes of moral turpitude
• Aggravated felonies
• Failure to register as a sex offender
• Committing acts of domestic violence, stalking, child abuse, neglect or abandonment, including violating a protective order
• Prostitution
• Violation of any US immigration laws, including failing to report address changes, falsifying immigration documents, falsely claiming US citizenship, helping others enter the country illegally and knowingly providing false or misleading information on any immigration document or application
• Threats to national security, terrorism

8 USCA §1227(a)(2). For the majority of these crimes, it does not matter how long the legal resident has lived in the United States. If any non-citizen commits one of these crimes at any time after entering the country, he or she may be deported if convicted. It also does not matter if he or she is actually charged with committing the crime - charges of conspiracy or attempt for any one of these crimes also may trigger deportation.

That's as it should be.

MW


my thoughts exactly

I know of some people from the Dominican Republic who fit this category. They scammed their way into this country through a sham marriage or other means and then proceeded to engage in our rather large illicit drug market, which got them summarily returned to sender once they were caught. The interesting thing about these people is that they were here for over 10 years each and took no effort to learn english or become part of America. They sent all their money back home to Madre (Mom) and now they have nothing to show for all that work as Madre spent this money on a fancy house and car in her name. I am sure that they have returned to their drug dealing ways in the DR, and I am overjoyed that they will not be doing it here. Adios and good riddance.

Too bad they don't enforce the laws, they are probably not even aware of these laws...maybe we should send them to Janet, she doesn't even realize illegal aliens are criminals!

Some of those laws were signed by Bill Clinton, kinda hard to say that those are on the rise. It was built into the Amnesty legislation.

Dixie

I support these deportations, and if these immigration attorneys want to get paid, tell their clients to cough it up, OR change your legal specialty and start using your degrees that Americans paid for and use them to represent US citizens, after all it's our law schools that we provided you that gave you the education you needed to be a lawyer and it was our intent that you use those skills to ensure justice be done for citizens of our country. If you want to defend foreign nationals, then you need to go to their country, get a law license to practice in their country, and defend them in their land of citizenship.