DEPORTATION OF ALIENS FOR CRIMINAL CONVICTIONS

• NCJ Number: 57911
• Journal: JOURNAL OF THE AMERICAN INSTITUTE OF HYPNOSIS Volume: 17 Issue: 4 Dated: (OCTOBER 1976) Pages: 157-170
• Author(s): D F ABERSON
• Date Published: 1976
• Length: 15 pages
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINTED FROM PEPPERDINE LAW REVIEW, V 2, N 1 (1974)

Annotation

DISADVANTAGES SUFFERED BY RESIDENT ALIENS GUILTY OF CRIMES IN THE UNITED STATES, OR SOME OTHER COUNTRY BEFORE THEIR ARRIVAL IN THE U.S. ARE STUDIED IN THIS 1974 ARTICLE ON THE IMMIGRATION AND NATIONALITY ACT OF 1952.

Abstract

THE UNDERLYING SOCIAL POLICY BEHIND DEPORTATION IS NOT PUNISHMENT, BUT RATHER THE SOVEREIGN RIGHT OF GOVERNMENT TO REFUSE TO HARBOR PERSONS IT DOES NOT WANT. THERE ARE FOUR GENERAL GROUNDS FOR DEPORTING ALIENS. FIRST, ALIENS CAN BE DEPORTED FOR TECHNICAL VIOLATIONS SUCH AS ENTERING THE U.S. IN A MANNER CONTRARY TO LAWS FAILING TO COMPLY WITH NONIMMIGRANT STATUS REQUIREMENTS AND ENTERING INTO A FRAUDULENT MARRIAGE TO GAIN ENTRY INTO THE COUNTRY. SECOND, DEPORTATION CAN BE JUSTIFIED IF ALIENS BECOME PUBLIC CHARGES AS A RESULT OF CONDITIONS EXISTING PRIOR TO THEIR ENTRY INTO THE COUNTRY. THIRD, DEPORTATION CAN BE JUSTIFIED ON SUCH POLITICAL GROUNDS AS THE ALIEN'S BEING AN ANARCHIST, COMMUNIST, OR MEMBER OF A GROUP ADVOCATING POLITICAL VIOLENCE. FINALLY, ALIENS CAN BE DEPORTED ON MORALS CHARGES SUCH AS PROSTITUTION OR OTHER FORMS OF COMMERCIALIZED VICE. IT IS EVIDENT THAT THE CONDUCT OF ALIENS IS CIRCUMSCRIBED TO A GREATER EXTENT THAN THE CONDUCT OF AMERICAN CITIZENS. THERE ARE THREE PROVISIONS OF THE ACT PERTAINING TO DEPORTATION OF RESIDENT ALIENS FOR CRIMINAL CONVICTIONS. DEPORTATION CAN BE ORDERED IN CASES WHERE ALIENS ARE CONVICTED OF FIREARM VIOLATIONS, A CRIME INVOLVING MORAL TURPITUDE COMMITTED WITHIN 5 YEARS OF ENTRY INTO THE COUNTRY OR TWO CRIMES AT ANY TIME, AND NARCOTIC LAW VIOLATIONS OR ADDICTION. PROBLEMS IN ENFORCING THESE PROVISIONS ON AN EQUITABLE BASIS ARE DISCUSSED IN TERMS OF WHAT CONSTITUTES A CRIME, DIFFICULTIES CREATED BY THE TERM MORAL TURPITUDE (ESPECIALLY SINCE THE ACT DOES NOT DEFINE THE TERM), AND THE ACT'S PROBLEMATIC PROVISIONS WITH REGARD TO DEPORTATION FOR NARCOTICS VIOLATIONS. REFERENCES ARE PROVIDED. (KCP)