Immigration Consequences of Criminal Activity. Updated May 28, 2021
By Hillel R. Smith
Congress’s power to create rules governing the admission of non-U.S. nationals (aliens) has long been viewed as plenary. In the Immigration and Nationality Act (INA), as amended, Congress has specified grounds for the exclusion or removal of aliens, including because of criminal activity. Some criminal offenses, when committed by an alien present in the United States, may render that alien subject to removal from the country. And certain criminal offenses may preclude an alien outside the United States from being either admitted into the country or permitted to reenter following an initial departure. Criminal conduct also may disqualify an alien from certain forms of relief from removal (e.g., asylum) or prevent the alien from becoming a U.S. citizen. In some cases, the INA directly identifies particular offenses that carry immigration consequences; in other cases, federal immigration law provides that a general category of crimes, such as “crimes involving moral turpitude” or an offense defined by the INA as an “aggravated felony,” may render an alien ineligible for certain benefits and privileges under immigration law.
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The INA distinguishes between the treatment of lawfully admitted aliens and those who are either seeking initial admission into the country or who are present in the United States without having been lawfully admitted by immigration authorities. Lawfully admitted aliens may be removed if they engage in conduct that renders them deportable, whereas aliens who have not been admitted into the United States may be barred from admission or removed from the country if they have engaged in conduct rendering them inadmissible. Although the INA designates certain criminal activities and categories of criminal activities as grounds for inadmissibility or deportability, the respective grounds are not identical. Moreover, a conviction for a designated crime is not always required for an alien to be disqualified on criminal grounds from admission into the United States. But for nearly all criminal grounds for deportation, a “conviction” (as defined by the INA) for the underlying offense is necessary. Additionally, although certain criminal conduct may disqualify an alien from various immigrationrelated benefits or forms of relief, the scope of disqualifying conduct varies depending on the particular benefit or form of relief at issue.
Washington, DC: Congressional Research Service, 2021. 37p.