A discussion of where the courts should draw the line in immigration cases involving moral turpitude.
Written in 2006; 5,700 words; 17 sources; APA; $ 137.95
Paper Summary:
This paper studies deportations of immigrants based on crimes of "moral turpitude". The paper analyzes where courts should draw the line on these crimes. The paper begins with an historical overview of the legal precedent for the decisions. Since early in the history of U.S. federal immigration laws, explains the paper, criminal activity has been grounds for denying admission to the country, as well as for expelling or deporting immigrants. In the past decade, however, the number of deportations has dramatically increased, as the category of crimes involving "moral turpitude" has been significantly expanded. This research-based paper cites relevant case law in arguing that standards should be made more uniform.
Outline:
Introduction
Legislative History
Deportation Factors and Crimes Involving Moral Turpitude
Drawing the Line in Cases involving Moral Turpitude
Immigration Cases Involving Crimes of Moral Turpitude
Effect of Discrepancies in Cases involving Moral Turpitude or Aggravated Felonies
Conclusion
From the Paper:
"As a result of the legislation, crimes involving moral turpitude, which rendered an individual deportable, essentially now included every possible offense. Cancellation relief is now wholly unavailable to anyone with an aggravated felony conviction. Asylum and withholding of removal, since 1990, have been likewise barred to aggravated felons. Withholding is now possible for an aggravated felon if the sentence was for less than five years, although immigration judges retain discretion to find that a lesser offense is nonetheless a particularly serious crime barring the criminal from refugee protections. The broadening of the definition of an aggravated felony has raised many questions as to where the line should be drawn involving crimes of moral turpitude. As a result of the broadening, practically any alien who commits a nontrivial crime, is subject to automatic expulsion. This is especially true if the crime fits one of the 21 paragraphs of the new definition of an aggravated felony. This result ensues even if the alien has been a lawful permanent resident since childhood, the crime and punishment took place decades ago, and he otherwise has a completely clean record."
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