Criminal Grounds for Deportation: US Immigration Law

There are five legal grounds for deportation from the United States. This article focuses on deportation for committing and being found guilty of a serious statutory crime.

Specific Categories of serious statutory crimes, including aggravated felonies, are also addressed in this article.

Grounds For Deportation

Five General Grounds For Deportation Include

• Entering the country without proper authorization
• Status violators who violate the terms of their admission or work without permission
• Persons with a broad range of criminal convictions
• Persons who are members of certain prohibited organizations
• Persons charged with a felony within five years of entering the U.S.

Who Enforces Boarder Control & Deportation Laws?

U.S. Border Control – Three Agencies In One

Border control and immigration agencies were divided into three separate agencies, and now all three fall under the Department of Homeland Security.

• Customs Border and Protection (CBP)
• Citizenship and Immigration Services (USCIS)
• Immigration and Customs Enforcement (ICE)

Entry Into The United States is Strictly Controlled

Entry into the United States is strictly controlled by the U.S. Department of Customs and Border Protection. This agency manages the various ports of entry into the United States, which include international airports, road and rail crossings, and all major border and seaports.

Most Common Non-Criminal Basis For Denial

Arrival Without Travel Documents

A non-citizen who arrives at a U.S. port of entry without travel documents or with questionable identification and is not seeking asylum, and is not a permanent resident will likely be turned away without more than a quick interview with a U.S. immigration officer.

Previous Admission No Guarantee of Admission

Even if a person was previously admitted to the U.S., they might still not be allowed admission into the country. This is especially true if they were previously removed or deported.

Difference Between Criminal Deportation And Exclusion

Rights Differ Depending On Whether You Are Being Deported Or Excluded

Both deportation and exclusion mean either the person will not be allowed to enter or must be removed from the United States. Still, they differ in the following ways: Deportation and removal affect people already in the country, either legally or illegally, while exclusion forbids someone from entering the country.

Those Seeking Admission But Are Excluded

Exclusion Proceedings

Aliens seeking admission to the United States are subject to exclusion proceedings in an immigration court to determine whether they’ll be allowed to enter.

Deportation proceedings are conducted if the alien has already entered the United States. Without express permission, an alien excluded from the United States may not re-enter for up to five years. Suppose you are being deported because having committed a criminal act. In that case, the penalty for re-entry without permission may be much more significant.

Prior Conviction of Crimes

Types of Serious Crimes

There are certain categories of crimes for which a person might have been convicted in the past that could place the non-citizen’s right to remain here in serious jeopardy – even if he or she has been in the U.S. all their life.

These criminal provisions of the immigration laws require that the INS place its highest priority on deporting persons that have been convicted and serving time in state or federal prisons, especially for violent felonies which are considered aggravated felonies.

Aggravated Felonies

Harshest Penalties Among Deportable Offences

The harshest penalties are reserved for a category of crimes known as “aggravated felonies.” With a few exceptions, it does not matter how, where, or when the felon may have been convicted of the aggravated felony.

It also does not matter whether the person pleaded guilty or no-contest or went through an entire trial; the immigration judge is singularly concerned with one issue, whether the person was convicted of an aggravated felony.

Partial List of Aggravated Felonies Include:

• murder
• rape
• child molestation
• drug trafficking
• drug manufacturing 
• commercial bribery
• Violent Hate Crimes
• other violent felonies

Actual Examples Of Criminally Deportable Acts

November 2015 — Humberto Erazo M, and Ricardo C, two illegal aliens, were arrested and charged with promoting prostitution in Alabama. The bond for each man is set at $100,000. (Gadsden Times, November 2, 2015)

October 2015 — Marco R, a 34-year-old illegal alien from Guatemala, was sentenced to 40 years in prison for killing a couple and their 5-year-old daughter in a car crash. (Athens Banner-Herald, October 14, 2015)

September 2015 — An illegal alien from Mexico, Martin C, was sentenced to 40 years in federal prison for kidnapping a man in Texas. (U.S. Immigration and Customs Enforcement, September 24, 2015)

May 2015 — Two Mexicans, Juan S, and Camella P pled guilty in Portland, Oregon, and were each sentenced to seven years in state prison for distributing methamphetamines and heroin. (Oregonian, May 14, 2015)

May 2015 — Zeng C and Dong Lin, illegal aliens from China, were convicted of first-degree murder and sentenced to life in prison in New Jersey. (NJ.com, May 5, 2015)

May 2015 —Bernabe F, a Mexican illegal alien, pled guilty to first-degree rape in California and was sentenced to eight years in prison. (Times-Herald Record, May 7, 2015)

April 2015 — Victor A, a Mexican illegal alien, pled guilty and was sentenced in New Jersey to 14 years in prison for murder. (NJ.com, April 22, 2015)

April 2015 — Sergio L, a Mexican illegal alien who had been deported four times, was sentenced in Oregon to 15 years in prison for a heroin overdose death. His brother, Gerardo Lopez, also a previously deported alien, was earlier sentenced to 18 years in prison on the exact charges. (Oregonian, April 29, 2015)

April 2015 — Three illegal aliens, Uriel, Darwin R, and Eliseo P, pled guilty to first-degree sexual abuse (rape) in New York and were sentenced to time served in jail and will be deported. (Daily News, April 29, 2015)

March 2015 — Javier M, a Mexican illegal alien, was sentenced in federal court in Jacksonville, Florida, to 10 years imprisonment for attempting to transport a minor to engage in sexual activity. Guerrero said he had entered the United States illegally in 1999 or 2000. (Dept. of Justice, Middle District of Florida, March 30, 2015)

March 2015— An Idaho judge sentenced Phuong L, a Vietnamese illegal alien, to prison for 36 months. Le was convicted of possessing a stolen car and a stolen credit card. The judge commented, “Stealing cars and credit cards strike at the hearts of average middle-class citizens.” The prosecutor said that Phuong L had ten prior felony convictions but that according to U.S. Immigration and Customs Enforcement, he is not likely to be deported because if he were to be deported to Vietnam, “he would be killed.” (Valley News — March 25, 2015)

March 2015 — Luis G, a Mexican illegal alien, was sentenced in Kansas City to two years in federal prison for conspiracy to produce and distribute false and counterfeit identification documents that were sold to illegal aliens. He had previously been deported twice in 2009. Four other Mexican illegal aliens have pled guilty to the same conspiracy and sentencing. March 25, 2015)

February 2016 — Sergio D, an illegal alien from Mexico, was convicted of possessing with intent to distribute drugs in Texas. He was found with 20 bundles of methamphetamine weighing 46 pounds and four bundles of heroin weighing 17 pounds. He was sentenced to 10 years in federal prison. (U.S. Immigration Customs and Enforcement, February 17, 2016)

January 2016 — Carlos R, a 28-year-old illegal alien from Mexico, was convicted of transporting illegal aliens into the country. He assisted in moving a boat filled with illegal aliens and was convicted to 10 years in federal prison. (U.S. Department of Justice, Southern District of Texas, January 14, 2016)

August 2016— Jesus P, a 31-year-old illegal alien from Mexico, was convicted of possessing a firearm in Texas. According to federal law, illegal aliens are not permitted to possess firearms. Possession of three baggies of cocaine was also found hidden in his backyard. He was sentenced in December to 10 years in federal prison and a $250,000 fine. (U.S. Immigration and Customs Enforcement, August 11, 2016

July 2016 — Jose S, an illegal visa overstayer, was convicted of second-degree murder in Colorado for the death he caused by driving while intoxicated. It was 4^th DUI offense, but there was no record of immigration authorities ever being notified. He was sentenced to 40 years imprisonment.

June 2017 — Mauricio H, was convicted of rape and murder of the baby born to his victim and was sentenced to 50 years to be served in a Texas State Prison. (The Dallas Morning News, June 5, 2016)

May 2018 —Julio S. Saravia faces deportation following a prison sentence of 29 years for the rape of a minor, to which he pled guilty in Virginia.

 US Immigration Rules And Updates

Prior Felonies

An experienced immigration attorney should be consulted to determine the effect of any prior convictions that might impact your right to stay in the country.

If you were acquitted of a felony and the court determines you did not present a danger to the community, your attorney might be able to help you remain in the country.

Immigration And Criminal Defense Attorneys

Should you have further immigration questions or issues involving potential or pending criminal charges, consider consulting with an attorney.

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