What Crimes Are Eligible for Deportation?

First-generation immigrants commit crimes at much lower rates than do U.S. citizens. But for those who do commit crimes, it’s hard to get a clear picture of whether they are serious or misdemeanors, violent or nonviolent.

Since 2014, the Department of Homeland Security has prioritized deporting noncitizens who pose a serious threat to public safety or national security and from October 2014 through September 2015, of the 235,413 people who were deported, 59 percent had criminal convictions.

But federal data on criminal deportees does not specify the crimes they’ve committed or how many of them are undocumented. Technically, if someone is undocumented and entered the country after January 2014, they are considered a high priority for criminal deportation, even if they have committed no other offense.

Further complicating matters: what constitutes a “criminal alien” is not defined in U.S. immigration law or regulations, and is used broadly, according to a September report by the Congressional Research Service. A criminal alien may be someone who is undocumented or an authorized immigrant who may or may not be deportable, depending on the crime they have committed. He or she may be incarcerated or free, or have already served time.

Thirty offenses qualify as aggravated felonies, including theft, failing to appear in court, or offenses that most states consider a misdemeanor or do not criminalize at all, such as consensual sex between a 21-year-old and a 17-year-old, the group said.

Any new offense Congress adds to the list is retroactive. So a non citizen can become deportable even if he or she already served the sentence for the crime years before.

Source: Pew Trusts

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