The Immigration a Naturalization Service (BCIS) is an agency within the Department of Justice. The primary responsibility of USCIS is the enforcement of our nation's immigration laws. The USCIS is comprised of 33 District Offices. The Atlanta District Office is responsible for the states of Georgia, North & South Carolina and Alabama. Currently, the Atlanta Office is the only office in Georgia; however, we have been authorized new offices in Savannah, Albany and Dalton. These offices should be operational by December 1999.
Our discussion today will be centered an aliens convicted of criminal violations.
An alien is anyone who is not a citizen or national of the United States. There are three types of aliens: immigrants, nonimmigrants (such as students or visitors), and illegal aliens.
The USCIS enforces the Immigration & Nationality Act (INA) and related criminal statutes. There have been several amendments to the INA, including the most recent in 1996. The primary purpose of the 1996 amendment was to expand laws regarding the removal/deportation of criminal aliens.
Some examples of convictions that render an alien removable/deportable include any drug offenses, crimes of violence, thefts, prostitution, or other crimes that involve moral turpitude.
Certain crimes are defined as Aggravated Felonies; a list of these offenses is provided as Attachment "A". An alien convicted of an Aggravated Felony faces certain removal/deportation from the United States. Certain crimes, such as thefts, crimes of violence or forgery, require a sentence of confinement of at least ONE YEAR to qualify as an Aggravated Felony. NOTE: THE ALIEN IS NOT REQUIRED TO SERVE THE SENTENCE, AS LONG AS IT IS IMPOSED.
In Hall County, when appropriate, the sentence of alien defendants is suspended upon their removal/deportation. An example of an Accusation and Judgment & Conviction document from Hall County is provided as Attachment "B". USCIS then processes the alien for removal and he is usually removed within two to three weeks from the date of conviction. This can be a useful tool in plea negotiations.
There are other cases, such as Aggravated Assaults or offenses involving large quantities of drugs where the alien should spend time in prison. In cases such as these, the alien is processed for removal and an USCIS detainer placed with the detention facility. Upon the completion of his sentence the alien is then removed/deported from the United States.
Should an alien return to the United States after he has been removed/deported, he is subject to prosecution in Federal court. If the alien had been removed/deported as an Aggravated Felon, he is then subject to a sixteen level increase upon his conviction.
| CRIMES INVOLVING VIOLENCE REQUIREMENTS CITATION | ||
| Murder | none | 101(a)(43)(A) |
| Crime of Violence | 1 year sentence or longer | 101(a)(43)(F) |
| Demand for receipt of ransom | none | 10l(a)(43)(H) |
| DRUG CRIMES | ||
| DRUG CRIMES (including 2nd offense for possession) | none | 101(a)(43)(B) |
| FINANCIAL AND PROPERTY CRIMES | ||
| Theft offense (Including burglary, receipt of stolen goods) | Sentence –– 1 year or longer | 101(a)(43)(G) |
| Money laundering and related offenses . | Amount exceeds $10,000 | 101(a)(43)(D) |
| Tax evasion . | Amount exceeds $10,000 | 101(a)(43)(M)(ii) |
| Gambling offenses | 1 year sentence or longer | 101(a)(43)(J) |
| Trafficking in vehicles with altered identification numbers | 1 year sentence or longer | 101(a)(43)(R) |
| CRIMES INVOLVING FRAUD | ||
| Offenses involving fraud or deceit | Amount exceeds $10,000 | 101(a)(43)(M)(i) |
| Commercial bribery, counterfeiting or forgery | 1 year sentence or longer | 101(a)(43)(R) |
| False or fraudulent US passport (exception for first offenses involving spouse, parent , or child) | 1 year sentence or longer | 101(a)(43)(P) |
| SEX RELATED CRIMES | ||
| Sexual abuse of a minor | none | 101(a)(43)(A) |
| Child pornography (making, distributing possession) | none | 101(a)(43)(I) |
| Prostitution business (owning, controlling, supervising) | none | 101(a)(43)(K)(i) |
| Transportation for the purpose of prostitution | Committed for Commercial advantage | 101(a)(43)(K)(ii) |
| CRIMES INVOLVING DANGEROUS DEVICES | ||
| Unlawful possession of firearm | none | 101(a)(43)(E)(ii) or (iii) |
| Unlawful possession of explosive materials | none | 101(a)(43)(E)(i) |
| Unlawful trafficking in firearms, explosive materials or destructive devices | none | 101(a)(43)(C) |
| IMMIGRATION RELATED OFFENSES | ||
| Alien smuggling (exception for first offense involving A spouse, parent, or child) | none | 101(a)(43)(N) |
| Reentry by an aggravated felon previously removed | none | 101(a)(43)(O) |
| Obstruction of justice, perjury, or bribery of a witness | Underlying charge carries possible sentence of 2 years or more | 101(a)(43)(S) |
| Failure to appear in court to answer felony charges | Underlying conviction punishable by sentence of 5 years or more | 101 (a)(43)(T) |
| Failure to appear for sentence (by criminal defendant) | Underlying conviction punishable by sentence of 5 years or more | 103 (a)(43) (Q) |
| SECURITY RELATED OFFENSES | ||
| Treason or concealment of treason | none | 101(a)(43)(S) |
| Sabotage of war efforts | none | 101(a)(43)(T) |
| Gathering, transmitting or losing defense information | none | 101(a)(43)(Q) |
| Disclosure of classified material | none | 101(a)(43)(i) |
| Offenses relating to protecting the identity of undercover agents or intelligence agents | none | 101(a)(43)(ii) |
| Racketeer Influenced Corrupt Organizations | 1 year sentence or longer | 101(a)(43)(J) |
| Offenses relating to slavery and involuntary servitude | none | 101(a)(43)(iii) |