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17 Rev. Estudios Criticos D. 51 (2021)
Moral Turpitude, Will We Ever Know What You Mean? A Case for a Modern and Intersectional Definition of Moral Turpitude

handle is hein.journals/clave17 and id is 65 raw text is: MORAL TURPITUDE, WILL WE EVER KNOW WHAT YOU MEAN? A CASE FOR A MODERN AND INTERSECTIONAL DEFINITION OF MORAL TURPITUDE BY: ASHLEY ANNE CLEMENTE SERRANO* Law always chooses sides on the basis of enforcement power Morality and legal niceties have little to do with it when the real question is: Who has the clout? ABSTRACT What is moral? Who has the authority to define morality? Moral Turpitude has been at the center ofdiscussionfor years. It has served as the main topic ofmultiple law articles, amendments, and proposals; yet Congress refuses to give it aformal definition and end the ambiguity once and for all. In a day and age where immigration is such a relevant topic, it is time we know what Moral Turpitude really means; it is long overdue. The purpose of this article is to challenge a vague and broad term that has been around since 1851 with no official definition but that still has tangible effect on the lives of many immigrants. The article seeks to demonstrate the need for a definition of moral turpitude that is compatible with modern society as well with the recognized moral standards of present time. Through a historical overview and a succinct case study the article explores the different results yielded in cases that involve moral turpitude to highlight the problems that arise when a legal term lacks uniformity in its applica- tion. Also, the article pushes for a definition of moral turpitude that approaches the meanings of what is moral and what is not from an intersectional theory framework in which all the components of an immigrant's identities are considered. Keywords: Crime Involving Moral Turpitude, Deportation, Immigration, INA, In- admissibility, Intersectionality, Moral Turpitude Summary: I. INTRODUCTION. II. ORIGINS AND EVOLUTION.; II. A. Historical and Legislative Background; II. B. Present Use III. DECISIONS AND DEFINITIONS; III. A. Moral Turpitude Defined; III. B. Examples of a Crime Involving Moral Turpi- tude. IV. INTERSECTIONAL THEORY LENS; IV. A. Intersectional Theory at Large: An Introduction; Iv. B. Intersectional Theory and the Law; Iv. C. Benefits and Limits of an Intersectional Approach in Defining Moral Turpitude. V. CONGRESS HEAR ME OUT; v. A. Proposed Definition; v. B. Why do we need to define the term?; v. C. Immigration in Puerto Rico: a closer look to prove a point. VI. CONCLUSION. * The author is a Juris Doctor student at the School of Law of the Interamerican University of Puerto Rico, Class of 2022. Previously obtained a B.A. in International Relations and Geography from Syracuse University (2015). FRANK HERBERT, HERETICS OF DUNE, 97 (1987). 51

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