About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 (Updated March 9, 1999)

handle is hein.crs/crsaaje0001 and id is 1 raw text is: Order Code 97-415 A Updated March 9, 1999 Criminal Aliens: Expanded Detention, Restricted Relief from Removal Larry M. Eig Legislative Attorney American Law Division Summary Congress began targeting criminal aliens as a deportation priority in the 1980s, and the 104th Congress furthered this effort in two major laws: the Antiterrorism and Effective Death Penalty Act (AEDPA) (P.L. 104-132) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) (Division C of P.L. 104-208). Together, these laws require the continued detention of most criminal aliens until their removal from the U.S. These laws also tightly restrict the opportunity for aliens who commit crimes to obtain relief from being sent abroad. Even resident aliens with longstanding community and family ties may face mandatory detention and removal (with little prospect of early reentry) as a consequence of past criminal activity. Classes of removable criminal aliens. The Immigration and Nationality Act (INA) makes deportable any alien who is convicted of a crime in any of the following overlapping categories: (1) a single crime involving moral turpitude committed within 5 years of entry (10 years in the case of certain former informants), if the crime is punishable by imprisonment of at least 1 year; (2) two or more crimes involving moral turpitude not arising out of a single scheme; (3) aggravated felonies; (4) controlled substances offenses; (5) specified firearms offenses; and (6) miscellaneous national security, selective service, and immigration offenses. There is no statutory list of crimes involving moral turpitude, but aggravated felonies, to which the most severe immigration consequences attach, are listed in the INA. At first limited to murder and trafficking in drugs or firearms, the term aggravated felonies now, after AEDPA and IIRIRA, includes 19 types of federal, state, or foreign offenses. Among these are all thefts or crimes of violence for which the term of imprisonment is at least a year (including any term of imprisonment that is suspended). The present listing of aggravated felonies applies in current enforcement proceedings, even if the crime at issue was not an aggravated felony when committed. Congressional Research Service oe The Library of Congress CRS Report for Congress Received through the CRS Web

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most