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53 Loy. L. A. L. Rev. 39 (2019-2020)
Legislating Morality: Moral Theory and Turpitudinous Crimes in Immigration Jurisprudence

handle is hein.journals/lla53 and id is 39 raw text is: LEGISLATING MORALITY: MORAL THEORY AND TURPITUDINOUS CRIMES IN IMMIGRATION JURISPRUDENCE Abel Rodr~guez* & Jennifer A. Bulcock** Congress could have framed the country 's immigration policies in any number of ways. In significant part, it opted to frame them in moral terms. The crime involving moral turpitude is among the most pervasive and pernicious classifications in immigration law. In the Immigration and Nationality Act, it is virtually ubiquitous, appearing everywhere from the deportability and mandatory detention grounds to the inadmissibility and naturalization grounds. In effect, it acts as a gatekeeper for those who wish to enter and remain in the country, obtain lawful permanent residence, travel abroad after admission, or become United States citizens. With limited exceptions, noncitizens cannot obtain, maintain, or expeditiously surpass temporary status or lawful permanent residence without avoiding turpitudinous conduct. This Article challenges the moral turpitude designation as a moral concept. Legal scholars, legislators, and judges have leveled an abundance of critiques against the moral turpitude designation, particularly for its vague nature. Absent from this discussion, however, is a dedicated analysis of moral turpitude as it relates to established moralframeworks. Rather than rely on the vast intellectual tradition regarding questions of morality and ethics, the courts have opted instead for legal insularity, developing a specious approach to moral turpitude that is utterly incoherent in moral terms. The result is an arbitrary and anachronistic approach to determining whether conduct is turpitudinous. Serious consideration of the designation vis-a-vis moral theory casts * Assistant Professor of Religion, Law, and Social Justice and Director of the Center on Immigration at Cabrini University. J.D., University of Pennsylvania Law School; M.T.S., Harvard University; M.A. Stanford University; B.A. Cabrini University. ** Assistant Professor of Philosophy and Assistant Director of the Center on Immigration at Cabrini University. Ph.D., Rice University; M.A. and B.A., University of New Hampshire. The authors are grateful to the following people for their invaluable input and feedback on this Article: Caitlin Barry, Leonard Primiano, Nicholas Rademacher, Jennifer Schifano, Nicholas J. Smith, and the participants of The Migration Conference at the University of Lisbon and the 36th International Social Philosophy Conference at Oakland University. For their research assistance, the authors would like to thank Greta Wiessner and Ashley Woodruff.

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