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Deportation

According to the USCIS, deportation–now called removal is the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability.

Common grounds for deportation from the United States include (but are not limited to):

• Criminal Convictions
• Unlawful Entry
• Fraud

Criminal Convictions

If you are not a United States citizen, a criminal conviction can have especially devastating consequences, including deportation, inadmissibility, and denial of naturalization. These consequences can remain unknown for years until a notice from immigration authorities arrives or citizenship is denied. In other cases, the consequences are immediately known as the defendant is taken into Immigration and Customs Enforcement (ICE) custody upon release from jail or prison.

These consequences can apply to any non-citizen, not just undocumented immigrants. This include legal permanent residents (“green card” holders), holders of student or work visas, or refugees.

What crimes can get a person deported?

A non-citizen who is convicted of a crime involving moral turpitude can be removed from the United States. There is not set statutory definition for a crime involving moral turpitude. Instead, the definition has emerged and evolved in court decisions over the years.

California courts have found the following offenses to be crimes of moral turpitude:

• Arson
• Assault with a deadly weapon
• Burglary
• Cultivation of marijuana
• Forgery
• Kidnapping
• Murder
• Rape
• Possession of controlled substances for sale
• Repeated DUI felony convictions

However, California courts have found that the following offenses are not crimes of moral turpitude: assault without a deadly weapon, child endangerment, indecent exposure, and involuntary manslaughter.

A conviction for a crime of moral turpitude does not result in deportation unless the offense has a potential prison sentence of one year or more and the conviction occurred within five years of admission to the U.S., or there are two convictions for crimes of moral turpitude that do not arise from the same scheme.

Unlawful Entry

A non-citizen who entered the U.S. unlawfully can be deported often by expedited removal, without hearing in under 24 hours after being in the custody of U.S. Immigration and Customs Enforcement (also known as ICE) officers.

An individual is in the U.S. unlawfully if:

Fraud

Numerous acts involving fraud may be grounds for deportation which includes (but not limited to):

• Fraudulent marriage in order to obtain a green card;
• Assuming the identity of a deceased person to apply for passports
• Using phony support documents, such as fake birth certificates
• Using stolen and altered passports
• Concealing facts that would disqualify one from getting a visa, like a criminal history in the alien’s home country
• The sale, trafficking, or transfer of otherwise legitimate visas
• Misrepresenting the reasons for requiring a visa
• Counterfeiting, forgery, or alteration of a visa

An exception is that the non-citizen represented him- or herself in good faith to be a citizen and:

1. The non-citizen’s parents were U.S. citizens, and
2. The non-citizen permanently resided in the United States before reaching the age of 16

Non-citizens who do not fit into this category may still be able to obtain a waiver of removal if there is proof that they were a lawful permanent resident (green card holder) and the benefit was for the sole purpose of aiding the person’s spouse or child.