Deporting Legal Aliens Convicted of Drunk Driving: Analyzing the Classification of Drunk Driving as a Crime of Violence
![handle is hein.journals/marqlr86 and id is 811 raw text is: DEPORTING LEGAL ALIENS CONVICTED OF
DRUNK DRIVING: ANALYZING THE
CLASSIFICATION OF DRUNK DRIVING AS A
CRIME OF VIOLENCE
I. INTRODUCTION
Current immigration law provides for the deportation of [a]ny alien
who is convicted of an aggravated felony at any time after admission.'
In 1996, with the enactment of the Antiterrorism and Effective Death
Penalty Act (AEDPA)2 and the Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA),3 Congress drastically altered
the legal landscape with respect to aggravated felonies . In addition to
expanding the number and types of crimes that are classified as
aggravated felonies,5 the 1996 laws subject aliens convicted of
aggravated felonies to mandatory deportation. As a result of this
legislation, there has been a substantial increase in the likelihood of a
lawful, permanent resident being deported following a criminal
conviction! Furthermore, deportation for an aggravated felony applies
regardless of whether the conviction was entered before, on, or after
[the date of enactment].' Not surprisingly, this retroactive application
has resulted in profound consequences and has received substantial
1. 8 U.S.C. § 1227(a)(2)(A)(iii) (2000). Section 1227 details numerous classes of aliens
that are deportable including, but not limited to, aliens convicted of aggravated felonies or
crimes of moral turpitude; aliens who are, or were anytime after admission, drug abusers or
addicts; and aliens convicted of domestic violence crimes. § 1227(a).
2. Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat.
1214 (1996) (codified in various titles of the United States Code, including Titles 8 and 18)..
3. Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No.
104-208, 110 Stat. 3009-546 (1996) (codified in various sections of Titles 8 and 18 U.S.C.).
4. See, e.g., Nancy Morawetz, Understanding the Impact of the 1996 Deportation Laws
and the Limited Scope of Proposed Reforms, 113 HARV. L. REV. 1936, 1939 (2000)
(discussing the impact that the 1996 Acts have on aliens with criminal convictions).
5. See Brent K. Newcomb, Comment, Immigration Law and the Criminal Alien: A
Comparison of Policies for Arbitrary Deportations of Legal Permanent Residents Convicted of
Aggravated Felonies, 51 OKLA. L. REV. 697, 700 (1998).
6. See, e.g., Nancy Morawetz, Rethinking Retroactive Deportation Laws and the Due
Process Clause, 73 N.Y.U. L. REV. 97,113 (1998); Morawetz, supra note 4, at 1936.
7. See Morawetz, supra note 4, at 1939; Morawetz, supra note 6, at 107.
8. 8 U.S.C. § 1101(a)(43) (2000).](ViewImageLocal?handle=hein.journals/marqlr86&div=28&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Deporting Legal Aliens Convicted of Drunk Driving: Analyzing the Classification of Drunk Driving as a Crime of Violence
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most