Overview
The Immigration and Nationality Act (INA) integrates severe immigration penalties into criminal convictions through several foundational categories. Understanding these definitions is essential for defense attorneys and immigration advocates working with noncitizen clients.
Crimes Involving Moral Turpitude (CIMTs)
Definition and Origin
The concept of a Crime Involving Moral Turpitude lacks a precise statutory definition within the INA. The terminology originated in the Immigration Act of 1891, designed to exclude immigrants deemed to possess "low morals."
The Board of Immigration Appeals (BIA) defines a CIMT as:
An act characterized by inherent baseness, vileness, or depravity in the private and social duties which individuals owe to their fellow humans or to society in general.
Key Characteristics
The CIMT inquiry focuses on:
| Factor | Analysis |
|---|---|
| Nature of offense | Inherent gravity of the conduct |
| Intent element | Scienter required (not strict liability) |
| Punishment | NOT relevant to classification |
Categories Generally Classified as CIMTs
| Category | Examples |
|---|---|
| Intent to defraud | Fraud, forgery, embezzlement |
| Intent to deprive | Theft, burglary with intent |
| Intent to harm | Assault with intent to cause serious bodily injury |
| Sexual violence | Sexual assault, child exploitation |
Offenses Generally NOT CIMTs
- Offenses involving mere negligence
- Strict liability offenses
- Simple assault without aggravating factors
- Disorderly conduct
CIMT Deportability vs. Inadmissibility
Inadmissibility Ground (INA § 212(a)(2)(A)(i)(I))
A noncitizen is inadmissible if convicted of, or admits to committing the essential elements of, a single CIMT.
Applies to:
- Individuals seeking entry at ports of entry
- Visa applicants at consulates
- Undocumented individuals seeking adjustment of status
Deportability Ground (INA § 237(a)(2)(A)(i))
A lawfully admitted noncitizen is deportable if:
| Requirement | Specification |
|---|---|
| Conviction | Convicted of a CIMT |
| Timing | Committed within 5 years of admission |
| Penalty | Maximum possible sentence of 1 year or more |
Two or More CIMTs (INA § 237(a)(2)(A)(ii))
Conviction of two or more CIMTs not arising from a single scheme of criminal misconduct renders a noncitizen deportable regardless of:
- Timing of convictions
- Length of potential sentences
CIMT Exceptions
Petty Offense Exception (INA § 212(a)(2)(A)(ii)(II))
Prevents a finding of inadmissibility if:
| Requirement | Threshold |
|---|---|
| Number of CIMTs | Only one |
| Maximum penalty | Did not exceed 1 year |
| Actual sentence | Did not exceed 6 months |
Note: This is an exception to inadmissibility only, not deportability.
Youthful Offender Exception (INA § 212(a)(2)(A)(ii)(I))
Exempts a single CIMT if:
| Requirement | Specification |
|---|---|
| Age at commission | Under 18 years old |
| Time elapsed | Crime committed and released from confinement more than 5 years before visa/admission application |
Aggravated Felonies
Definition
An "aggravated felony" under INA § 101(a)(43) triggers the most severe immigration consequences. The definition has expanded exponentially since the Anti-Drug Abuse Act of 1988.
Critical understanding: An "aggravated felony" is an immigration term of art:
- Need NOT be classified as a felony under state law
- Need NOT be "aggravated" in the colloquial sense
- Misdemeanor convictions can qualify
Major Categories
| Category | Threshold | Statutory Citation |
|---|---|---|
| Murder, Rape, Sexual Abuse of Minor | No sentence threshold | INA § 101(a)(43)(A) |
| Illicit Drug Trafficking | No sentence threshold; includes state felony analogs | INA § 101(a)(43)(B) |
| Crimes of Violence (18 U.S.C. § 16) | 1 year imprisonment imposed | INA § 101(a)(43)(F) |
| Theft, Burglary, Receipt of Stolen Property | 1 year imprisonment imposed | INA § 101(a)(43)(G) |
| Fraud or Deceit | Loss exceeds $10,000 | INA § 101(a)(43)(M)(i) |
| Tax Evasion | Loss exceeds $10,000 | INA § 101(a)(43)(M)(ii) |
| Alien Smuggling | No sentence threshold (exception for 1st offense aiding family) | INA § 101(a)(43)(N) |
| Obstruction of Justice, Perjury, Bribery | 1 year imprisonment imposed | INA § 101(a)(43)(S) |
Term of Imprisonment Imposed vs. Time Served
Critical distinction:
| Concept | Definition | Immigration Effect |
|---|---|---|
| Term imposed | Sentence ordered by judge, including suspended time | Counts toward threshold |
| Time served | Actual days in physical custody | NOT relevant |
Example: A 365-day sentence entirely suspended pending probation = aggravated felony, even if zero days served.
Aggravated Felony Consequences
| Consequence | Effect |
|---|---|
| Relief eligibility | Bars cancellation of removal, voluntary departure |
| Detention | Mandatory, no bond |
| Inadmissibility | Permanent bar to reentry |
| Good Moral Character | Permanently barred (if convicted after 11/29/1990) |
Other Deportable and Inadmissible Offenses
Controlled Substance Offenses
Inadmissibility: Any conviction or admission of a controlled substance offense triggers absolute inadmissibility.
Deportability: Any conviction for controlled substance violation.
Only exception: Single offense of simple possession of 30 grams or less of marijuana for personal use.
"Reason to believe" standard: Inadmissible even without conviction if immigration authorities have "reason to believe" individual is or has been an illicit trafficker.
Firearms Offenses (INA § 237(a)(2)(C))
Deportable for any conviction involving:
- Purchasing, selling, offering for sale
- Exchanging, using, owning
- Possessing or carrying
Any weapon, part, or accessory that is a firearm or destructive device in violation of any law.
Domestic Violence, Stalking, Child Abuse (INA § 237(a)(2)(E))
Deportable offenses:
- Crimes of domestic violence
- Stalking
- Child abuse, neglect, or abandonment
- Violation of domestic violence protection order (portions protecting against threats, harassment, bodily injury)
Cumulative Conviction Effects
Five-Year Aggregate Sentence Bar
Inadmissible and barred from Good Moral Character if convicted of two or more offenses (any type) where:
Aggregate sentences to confinement actually imposed = 5 years or more
180-Day Confinement Bar
Good Moral Character categorically destroyed if:
Confined to a penal institution for an aggregate period of 180 days or more as a result of any combination of convictions
Quick Reference Table
| Offense Type | Inadmissibility | Deportability | Key Threshold |
|---|---|---|---|
| Single CIMT | Yes (unless petty offense exception) | If within 5 years + 1 year max | Timing + penalty |
| Two+ CIMTs | Yes | Yes | Not single scheme |
| Aggravated Felony | Yes (permanent) | Yes | Varies by category |
| Controlled Substance | Yes (any) | Yes (any conviction) | 30g marijuana exception |
| Firearms | — | Yes | Any violation |
| Domestic Violence | — | Yes | Including protection order violations |
Related Resources
- The Categorical Approach - Analyzing convictions
- Plea Bargaining Strategies - Avoiding deportable convictions
- Removal Consequences - Understanding relief bars