Immigration Consequences of Criminal Activity (CRS Report for Congress)
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| Release Date |
Revised May 28, 2021 |
| Report Number |
R45151 |
| Report Type |
Report |
| Authors |
Peck, Sarah Herman;Smith, Hillel R. |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
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 on account of criminal
activity. Some criminal offenses, when committed by an alien who is 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. Further, criminal conduct may disqualify an
alien from certain forms of relief from removal 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.
The INA distinguishes between the treatment of aliens who have been lawfully admitted into the
United States and those who are either seeking admission into the country or are physically
present in the country without having been lawfully admitted. Aliens who have been lawfully
admitted into the country may be removed if they engage in conduct that renders them
deportable, whereas aliens who have not been legally admitted into the United States—including
both aliens seeking initial entry into the United States as well as those who are physically present
in the country but were never lawfully admitted—may be excluded 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
deportation, 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 immigration-related benefits or forms of
relief, the scope of disqualifying conduct varies depending on the particular benefit or form of
relief at issue.
This report identifies the major criminal grounds that may bar an alien from being admitted into
the United States or render an alien within the country removable. The report also discusses
additional immigration consequences of criminal activity, including those that make an alien
ineligible for certain relief from removal, including cancellation of removal, voluntary departure,
withholding of removal, and asylum. The report also addresses the criminal grounds that render
an alien ineligible to adjust to lawful permanent resident (LPR) status, as well as those grounds
barring LPRs from naturalizing as U.S. citizens. The report also discusses the scope of several
general criminal categories referenced by the INA, including “crimes involving moral turpitude,”
“aggravated felonies,” and “crimes of violence.”
