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Immigration Law Topics
INA 237
Main topic: Immigration Law ::: Sub topic: INA 237
INA 237 - GENERAL CLASSES OF DEPORTABLE ALIENS
Sec. 237 1/ [8 U.S.C. 1227]
(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
(1) Inadmissible at time of entry or of adjustment of status or violates status.-
(B) 2/ Present in violation of law.-Any alien who is present in the United States in violation of this Act or any other law of the 2b/ United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i) , is deportable.
(C) Violated nonimmigrant status or condition of entry.-
(i) Nonimmigrant status violators.-Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248 , or to comply with the conditions of any such status, is deportable.
(D) Termination of conditional permanent residence.-
(i) In general.-Any alien with permanent resident status on a conditional basis under section 216 (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 216A (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
(ii) Exception.-Clause (i) shall not apply in the cases described in section 216(c)(4) (relating to certain hardship waivers).
(E) Smuggling.-
(i) In general.-Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(ii) Special rule in the case of family reunification.-Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(iii) Waiver authorized.-The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was 3/ the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. 4/
(F) [repealed] 5/
(G) Marriage fraud.-An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(6)(C)(i) ) and to be in the United States in violation of this Act (within the meaning of subparagraph (B)) if-
(i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such entry of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien's marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien's admission as an immigrant.
(H) WAIVER AUTHORIZED FOR CERTAIN MISREPRESENTATIONS. -- The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who-
(i) 5a/ (I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and
(II) 5a/ was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation.
A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.
(2) Criminal offenses.-
(A) General crimes.-
(i) Crimes of moral turpitude.-Any alien who-
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed.
is deportable
(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony.-Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(iv) High Speed Flight.-Any alien who is convicted of a violation of section 758 of title 18, United States Code, (relating to high speed flight from an immigration checkpoint) is deportable.
(v) 5b/ FAILURE TO REGISTER AS A SEX OFFENDER- Any alien who is convicted under section 2250 of title 18, United States Code, is deportable.
(vi) 5b/ Waiver authorized.-Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.
(B) Controlled substances.-
(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts.-Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.
(C) Certain firearm offenses.-Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is deportable.
(D) Miscellaneous crimes.-Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate-
(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18, United States Code, for which a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18, United States Code;
(iii) a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or
(iv) a violation of section 215 or 278 of this Act, is deportable.
(E) 6/ Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-
(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after entry is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence (as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders.-Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term "protection order" means any injunction issued fo r the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
(3) Failure to register and falsification of documents.-
(A) Change of address.-An alien who has failed to comply with the provisions of section 265 is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
(B) Failure to register or falsification of documents.- Any alien who at any time has been convicted-
(i) under section 266(c) of this Act or under section 36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18, United States Code (relating to fraud and misuse of visas, permits, and other entry documents), is deportable.
(C) 7/ Document fraud.-
(i) In general.-An alien who is the subject of a final order for violation of section 274C is deportable.
(ii) Waiver authorized.-The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 274C and the offense was incurred solely to assist, aid, or support the alien's spouse or child (and not another individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.
(D) 8/ FALSELY CLAIMING CITIZENSHIP-
(i) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any Federal or State law is deportable.
(ii) EXCEPTION- In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.
(4) Security and related grounds.-
(A) In general.-Any alien who has engaged, is engaged, or at any time after admission engages in-
(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other criminal activity which endangers public safety or national security, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is deportable.
(B) 8a/ 11/ TERRORIST ACTIVITIES- Any alien who is described in subparagraph (B) or (F) of section 212(a)(3) is deportable.
(C) Foreign policy.-
(i) In general.-An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(ii) Exceptions.-The exceptions described in clauses (ii) and (iii) of section 212(a)(3)(C) shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section 212(a)(3)(C)(i) .
(D) 8c/ PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING.-Any alien described in 8c/ clause (i), (ii), or (iii) of section 212(a)(3)(E) is deportable.
(E) 8b/ Repealed
(E) 8d/ PARTICIPATED IN THE COMMISSION OF SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- Any alien described in section 212(a)(2)(G) is deportable.
(F) 8e/ RECRUITMENT OR USE OF CHILD SOLDIERS- Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18, United States Code, is deportable.
(5) Public charge.-Any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.
(6) 9/ UNLAWFUL VOTERS-
(A) IN GENERAL- Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.
(B) EXCEPTION- In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.
(7) 9a/ WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE-
(A) IN GENERAL- The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship--
(i) upon a determination that--
(I) the alien was acting is self-defense;
(II) the alien was found to have violated a protection order intended to protect the alien; or
(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime--
(aa) that did not result in serious bodily injury; and
(bb) where there was a connection between the crime and the alien's having been battered or subjected to extreme cruelty.
(B) CREDIBLE EVIDENCE CONSIDERED- In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
(b) An alien, admitted as an nonimmigrant under the provisions of either section 101(a)(15)(A)(i) or 101(a)(15)(G)(i) , and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a).
(c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 212(a)) shall not apply to a special immigrant described in section 101(a)(27)(J) based upon circumstances that existed before the date the alien was provided such special immigrant status.
(d) 10/
FOOTNOTES FOR SECTION 237
INA 237 FN 1
FN 1 Former INA section 237 repealed by § 305 of IIRIRA . Former section 241 of the INA was redesignated as section 237 by section 305(a)(2) of IIRIRA and moved accordingly. Several conforming amendments were made to subsection (a) regarding terminology (derivative of deportation & exclusion) by § 301(d) of IIRIRA.
INA 237 FN 2
FN 2 Amended by § 301(d) of IIRIRA , effective on "title III-A" effective date.
INA 237 FN 2b
FN 2b Section 5304(b) of Public Law 108-458 amended section 237(a)(1)(B) by striking "United States is" and inserting the following: "United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i) , is".
Effective Date - The amendments made by this section shall take effect on the date of enactment of this Act (Public Law 108-458 ) and shall apply to revocations under sections 205 and 221(i) of the Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.
INA 237 FN 3
FN 3 Section 351 of IIRIRA added the clarifying phrase "an individual who was at the time of the offense was" both here and in section 212(d)(11). Effective "for waivers filed before, on, or after the date of the enactment of [IIRIRA], but shall not apply to such an application for which a final determination has been made as of the date of the enactment of [IIRIRA]."
INA 237 FN 4
FN 4 The last sentence of this paragraph which read: "Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 210A who fails to meet the requirement of section 210A(d)(5)(A) by the end of the applicable period is deportable[]" was stricken by §671(d) of IIRIRA .
INA 237 FN 5
FN 5 Subparagraph (F) was repealed by IIRIRA § 671(d) . There was no conforming amendment to redesignate subsequent paragraphs.
INA 237 FN 5a
FN 5a Section 1505(c)(2) of Public Law 106-386, dated October 28, 2000, amended section 237(a)(1)(H) as follows: By inserting subclause (I) in clause (i), by redesignating clause (ii) as subclause (II), and by adding clause (ii).
INA 237 FN 5aa
FN 5aa Section 6(c) of Public Law 109-271, dated August 12, 2006, revised section 237(a)(1)(H)(ii) of the Act.
INA 237 FN 5b
FN 5b Section 401 of Public Law 109-248, dated July 27, 2006, amended section 237(a)(2)(A) by redesignating clause (v) as (vi), and by adding a new clause (v).
INA 237 FN 6
FN 6 Added by § 350 of IIRIRA , effective for "convictions, or violations of court orders, occurring after the date of enactment of [IIRIRA]."
INA 237 FN 7
FN 7 Amended by § 345(b) of IIRIRA , effective on the date of enactment of IIRIRA.
INA 237 FN 8
FN 8 Added by § 344(b) of IIRIRA, effective for "representations made on or after the date of enactment of [IIRIRA]." Section 201(c)(2) of Public Law 106-395, dated October 30, 2000, revised section 237(a)(3)(D).
EFFECTIVE DATES: The amendment made by section 201(c)(2) of Public Law 106-395 shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996.
INA 237 FN 8a
FN 8a Reference citation amended by section 411(b)(1) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c) for retroactive application of amendments.
INA 237 FN 8b
FN 8b Section 5402 of Public Law 108-458, added subparagraph (E) to section 237(a)(4). Section 105(b) of Public Law 109-13 repealed section 5402 of Public Law 108-458. Accordingly, subparagraph (E) that was added by section 5402 is removed.
Repeal: Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), section 5402 of such Act is repealed, and the Immigration and Nationality Act shall be applied as if such section had not been enacted.
INA 237 FN 8c
FN 8c Section 5501(b) of Public Law 108-458,amended section 237(a)(4)(D) by
(1) Striking "clause (i) or (ii)" and inserting "clause (i), (ii), or (iii)"; and
(2) Striking in the subparagraph heading, "ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE" and inserting "PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING".
Effective Date - The amendments made by this section 5501(b) shall apply to offenses committed before, on, or after the date of enactment of this Act (Public Law 108-458 )
INA 237 FN 8d
FN 8d Section 5502(b) of Public Law 108-458 added a second subparagraph (E) to section 237(a)(4).
INA 237 FN 8e
FN 8e Section 2(c) of Public Law 110-340 , dated October 3, 2008, amended section 212(a)(3) of the Act by adding subparagraph (F).
INA 237 FN 9
FN 9 Added by § 347 of IIRIRA, applies to "voting occurring before, on, or after the date of enactment of [IIRIRA]." Section 201(c)(1) of Public Law 106-395, dated October 30, 2000, amended paragraph (a)(6).
EFFECTIVE DATES- The amendment made by section 201(c)(1) , Public Law 106- 395 shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996.
INA 237 FN 9a
FN 9a Section 1505(b)(1) of Public Law 106-386, dated October 28, 2000, added section 237(a)(7).
INA 237 FN 10
FN 10 First version of subsection (d) was repealed by Sec. 307(k) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1756), effective March 1, 1991, namely, as if included in section 602(b) of the Immigration Act of 1990. A new subsection (d) was added by AEDPA which read: "(d) Notwithstanding any other provision of this title, an alien found in the United States who has not been admitted to the United States after inspection in accordance with section 235 is deemed for purposes of this Act to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under chapter 4. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted. " This section was then repealed by § 308(d)(2)(D) of IIRIRA . This repeal of INA § 241(d) occurs before § 241 is redesignated as § 237 and is effective upon enactment of IIRIRA. Note also, § 308(d)(5) of IIRIRA repeals § 422 of AEDPA effective as of the date of enactment of AEDPA, i.e., "applied as if such section had not been enacted."
INA 237 FN 11
FN 11 Section 105(a) of Public Law 109-13 revised section 237(a)(4)(B).
Effective Date: The amendment made by paragraph (1) shall take effect on the date of the enactment of this division, and the amendment, and section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall apply to--
(A) removal proceedings instituted before, on, or after the date of the enactment of this division; and
(B) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.
Repeal: Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), section 5402 of such Act is repealed, and the Immigration and Nationality Act shall be applied as if such section had not been enacted.