This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. …
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Description
This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission — i.e., being an “illegal alien” — is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an “illegal alien,” in that the alien may be subject to removal from the U.S., but such an alien is not a “criminal alien.”
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Congressional Research Service Reports
The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.
Garcia, Michael John & Eig, Larry M.Immigration Consequences of Criminal Activity,
report,
October 23, 2006;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metacrs9934/:
accessed March 18, 2024),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.