Policies Under the criminal
justice system in regard to
Immigrants
Rachel Moon a legal immigrant is awaiting her sentencing hearing for killing
her boyfriend in self defense.
“Under Current Law”
 Under current law, non-citizen immigrants convicted of what's known as an
"aggravated felony" face automatic penalties that make it far harder for
them to be spared from deportation. While the term suggests a crime of a
serious and violent nature, the definition of an "aggravated felony" has
been expanded over the years, to the point where it includes crimes that
are neither "aggravated" nor "felonies." Obama's draft immigration bill
would narrow the definition of an aggravated felony by giving immigration
judges greater discretion to grant leniency to individual immigrants
convicted of minor offenses.
Consequences for Non-Citizens
 One of the last things you want to do if you are in the United States on a
visa or green card is commit a felony. Immigration officials may deport you
or downgrade your status on the basis of a felony or even a non-felony
conviction, depending on your current status, the type of offense, and the
specific facts surrounding your case. Moreover, convictions for crimes
involving "moral turpitude" or those labeled "aggravated felonies" carry
harsh consequences for non-citizens. A non-citizen who commits an
aggravated felony or a crime involving moral turpitude is generally
ineligible for relief from deportation and often will be barred from
reentering the U.S. in the future
The History of Aggravated Felony in
1988

For immigration purposes, the term aggravated felony includes some offenses that are
considered misdemeanors in state or federal courts, or in some cases conduct that is not even
criminalized. In other words, it is a category unique to immigration law encompassing a wide
variety of acts considered removable offenses by Congress. Initially enacted in 1988, aggravated
felony was limited to serious crimes such as murder, federal drug trafficking, and the illicit
trafficking of firearms and incendiary devices. Since then, Congress had added a number of
offenses to the list, including (but not limited to) the following:

Simple battery

Theft Filing

a fraudulent tax return

Failure to appear in court

Consensual sex between a 17-year-old and a 16-year-old.
Even if an offense was added to the list of aggravated felonies after a foreign national has been
convicted, the individual immediately becomes deportable (unless Congress specifically states
otherwise).
Crimes of Moral Turpitude
 Crimes of moral turpitude refer to acts determined by a court to violate the
accepted moral standards of the community. The following offenses have
been considered crimes involving moral turpitude by some courts, but there
is no definitive list:
 Perjury
 Tax evasion
 Wire fraud
 Carrying a concealed weapon
 Child abuse
Immigration Consequences for Felony
Convictions
 Immigration Consequences for Felony Convictions If you are a foreign
national, the commission of an offense described above does not
necessarily lead to deportation. The U.S. Citizenship and Immigration
Service (USCIS) considers a number of factors with regard to the penalties
faced by an immigrant to the U.S., while most forms of relief from
deportation are discretionary. Still, aggravated felonies usually do lead to
deportation. The following is a general summary of possible consequences
for immigrants who commit aggravated felonies, by type of status.
Consequences for Felony Convictions
 Legal Permanent Resident: Subject to deportation; may be detained during removal
proceedings; subject to up to 20 years in prison if LPR reenters the U.S. without permission
after removal; permanently barred from future immigration to the U.S.; if not removed, LPR
may be barred from becoming a naturalized citizen
 Refugee (without LPR status): May be deported after a criminal conviction, even if they
would be in grave danger in their home country; some felonies, subject to judicial
discretion, may result in the inability to obtain LPR status
 Asylee (without LPR status): May be deported only after being convicted of a "particularly
serious crime," which includes any aggravated felony; some felonies, subject to judicial
discretion, may result in the inability to obtain LPR status
 Non-Citizen with Temporary Lawful Status: This includes individuals with nonimmigrant visas
and those with temporary protected status; may lose status and be removed for any
felony conviction or two or more misdemeanor convictions
 Non-Citizen without Legal Status: Since undocumented immigrants are not authorized to
be in the U.S., any criminal offense can result in deportation
Green Card or NOT!
A noncitizen whose criminal record
contains an aggravated felony –
whether that person has a green card
or other U.S. status, or is
undocumented – is most likely
headed for deportation (removal)
from the United States. In fact, the
proceedings may take place very
quickly, on an “expedited” basis
What “criminal activity” has
immigration consequences?
 Arrests and/or convictions even for crimes that may not be serious for U.S.
citizens. If you are fingerprinted, this can delay visa issuance even if you are not
convicted or if your record is expunged (meaning it no longer appears on your
record.)
 Willful misrepresentations on an immigration or visa application that results in
securing an immigration benefit through fraud. This can also include fraudulent
information in an application for admission to school if an I-20 /DS-2019 is then
issued and the student uses the document to enter the U.S.
 Drug related offenses that may or may not result in conviction, including
admission of drug use.
 Conviction for, or admission of, crimes of moral turpitude – (These are generally
serious crimes but for more information, contact an attorney or CIE).
 Suspension or expulsion from school as a result of criminal activity, whatever the
nature of the crime.
What are the consequences of
“criminal activity”?
 Delays in obtaining visas - ANY arrest or conviction will cause a positive “hit”
in NCIC and delay new visa issuance. It doesn’t matter if you take the
record of your arrest or conviction with you to the consulate, they will still
have to wait for the NCIC report.
 Denial of visa or entry into the U.S.
 Removal or deportation from the U.S.
 Denial of immigration benefits in the U.S. including extension, change of
status, and practical training
How do I avoid these consequences?
 Don’t drink and drive. While this may not be serious in your country, it is taken very seriously
in the U.S. Take a taxi or have a designated driver when you go out and plan to drink.
 Don’t do drugs. Being arrested with even a small amount of marijuana can make you
deportable.
 Don’t lie or misrepresent your actions on immigration applications or to a DHS employee. If
you have concerns about something you have done, then talk to CIE or contact an
immigration attorney before you are interviewed or complete an application.
 Don’t assume that they won’t find out. Since 9/11 there is much more cooperation among
government agencies.
 If you are arrested, just like on TV, you do have the right to an attorney and anything you
say can and will be used against you.
 Make sure that you have a criminal attorney who is aware that there may be immigration
consequences to any plea bargain or guilty plea and who works with an immigration
attorney.
 Remember that it is your responsibility to know the law and avoid committing crimes.
Aggravated Felons

“Aggravated felony” is a term of art used to describe a category of offenses carrying particularly harsh
immigration consequences for non-citizens convicted of such crimes.

While the term suggests a crime of a serious and violent nature, the definition of an "aggravated felony"
has been expanded over the years, to the point where it includes crimes that are neither "aggravated"
nor "felonies."

As initially enacted in 1988, the term 'aggravated felony' referred only to murder, federal drug trafficking,
and illicit trafficking of certain firearms and destructive devices," explains a brief from the Immigration
Policy Center, an immigration advocacy group.

the primary impact of the “aggravated felony” classification relates to the increased immigration
penalties attached to the label, including the inability to apply for most forms of relief from removal.

An immigrant who is removed from the United States following a conviction for an “aggravated felony,”
and who subsequently reenters the country illegally, may be imprisoned for up to 20 years rather than
two years.

The supreme court believes immigrants convicted of an “aggravated felony” face the “harshest
deportation consequences

The immigration laws include numerous provisions to ensure that criminals are not allowed to remain in
the United States, yet also recognize that exceptions should be made in particularly compelling cases,
especially when an immigrant’s removal will create hardship for U.S. citizens.
Comparing
U.S citizens verses non- citizens
 Both can receive prison sentence.
 Both have corporate punishment laws.
 Both go through similar steps in order to receive convictions for
crime that was committed.
 In being convicted both have the power to lose rights as a citizen or
non- citizens.
 Both are giving equal rights before evictions occur considering the
crime that was committed.
 The are both consider citizens one just have the right as an
American to be tried and convicted fairly.
Contrasting
U.S citizens verses non- citizens
 Non- citizens when convicted are deported back to their original country.
 U.S. citizens maintain in the united states criminal justice systems.
 Non – citizens do not have the same legal rights as united states because they
are not actual citizens of the united states.
 U.S. citizens lose some rights such as voting because they are convicted of
felonies.
 U.S citizens will always have a better opportunity because they will be tried and
convicted and kept in America land to be imprison.
 Non – citizens are convicted in America but are sent home to live in a prison
environment that may not be as good as the united states.
 Non citizens can be deported and don’t have rights to try and fight to stay.