A period of public comment has been opened to consider all aggravated felonies as a reason to limit deportation relief for migrants in the U.S. The Board of Immigration (BIA) is asking if a blanket approach to all aggravated felonies should be taken. The current approach requires the BIA to examine the various elements of an offense to determine if the crime is serious enough to withhold deportation relief. If relief is not granted, a noncitizen is not eligible for asylum or protection from removal.
Some experts believe that using such a broad stroke approach will inappropriately affect individuals with less serious crimes.
The current two-step process would be eliminated under the proposed change. The first step requires courts to consider the elements of the aggravated felony including “the nature of the conviction, the type of sentence imposed, and the circumstances and underlying facts of the conviction.” If the crime is considered serious by these standards, the second step includes reviewing conviction records, related sentencing, and various other external factors.
The Immigration and Nationality Act (INA) states that aggravated felonies must include a minimum five-year sentence. However, it gives the attorney general discretion to consider crimes with a shorter sentencing period to be considered a particularly serious crime. The particularly serious crime standard relates to the U.S. responsibilities as an element of the U.N. Refugee Convention.
The BIA is also asking if the policy should defer to the twenty-one categories of felonies listed in the INA. Examples of these felonies are child pornography, murder of a child, and commercial forgery, among others.
ILBSG continues to monitor ongoing proposed changes to immigration policy. If you have questions about your immigration-related issue, contact us. We are here to work with you to ensure you get the right advice for your specific situation.
