"Aggravated felony" is a term of art used to describe a category of offenses carrying particularly harsh immigration consequences for noncitizens convicted of such crimes. Regardless of their immigration status, noncitizens who have been convicted of an "aggravated felony" are prohibited from receiving most forms of relief that would spare them from deportation, including asylum, and from being readmitted to the United States at any time in the future.

Despite what the ominous-sounding name may suggest, an "aggravated felony" does not require the crime to be "aggravated" or a "felony" to qualify. Instead, an "aggravated felony" is simply an offense that Congress sees fit to label as such, and today includes many nonviolent and seemingly minor offenses.

This fact sheet provides an overview of "aggravated felonies" under federal immigration law and the immigration consequences of being convicted of an "aggravated felony."

What Makes a Crime an "Aggravated Felony"?

An offense need not be "aggravated" or a "felony" in the place where the crime was committed to be considered an "aggravated felony" for purposes of federal immigration law. Instead, an "aggravated felony" is any crime that Congress decides to label as such. As two prominent immigration judges have noted, numerous "non-violent, fairly trivial misdemeanors are considered aggravated felonies under our immigration laws."

As initially enacted in 1988, the term "aggravated felony" referred only to murder, federal drug trafficking, and illicit trafficking of certain firearms and destructive devices. Congress has since expanded the definition of "aggravated felony" on numerous occasions, but has never removed a crime from the list. Today, the definition of "aggravated felony" covers more than thirty types of offenses, including simple battery, theft, filing a false tax return, and failing to appear in court. Even offenses that sound serious, such as "sexual abuse of a minor," can encompass conduct that most states classify as misdemeanors or do not criminalize at all, such as consensual intercourse between a 21-year-old and a 17-year-old.

What if the Conviction Occurred before the Crime Was Labeled an "Aggravated Felony"?

In most federal courts, a conviction for any offense listed as an "aggravated felony" is grounds for deportation, even if the crime was not considered an "aggravated felony" at the time of conviction. In other words, whenever Congress adds a new offense to the list of "aggravated felonies" in the Immigration and Nationality Act (INA), lawfully present noncitizens who have previously been convicted of such crimes become immediately deportable. As a result, any addition to the list of "aggravated felonies" will automatically apply retroactively to prior convictions.

Are "Aggravated Felonies" the Only Crimes for Which an Immigrant Can Be Deported?

No. An "aggravated felony" is one—but not the only—basis to deport immigrants convicted of a criminal offense. Removal proceedings may also be initiated against immigrants convicted of one or more "crimes involving moral turpitude," a broad category of offenses that includes, but is not limited to, most crimes that qualify as an "aggravated felony." Noncitizens convicted of crimes involving moral turpitude may be subject to deportation, but do not face the additional consequences associated with a conviction for an "aggravated felony." The immigration laws also permit deportation for convictions of various standalone offenses.

Thus, whether a noncitizen is subject to deportation for a crime is not determined by whether the crime is labeled an "aggravated felony." Instead, the primary impact of the "aggravated felony" classification relates to the increased immigration penalties attached to the label, including the inability to apply for most forms of relief from removal.

What are the Potential Consequences of Being Convicted of an "Aggravated Felony"?

Deportation without a Removal Hearing

Certain noncitizens convicted of an "aggravated felony" are provided fewer legal protections than other immigrants. For example, any immigrant convicted of an "aggravated felony" who is not a lawful permanent resident (LPR) may be administratively deported from the United States without a formal hearing before an Immigration Judge. Immigrants placed in such proceedings are not eligible for asylum or any other form of discretionary relief. Immigrants found deportable in this manner may not appeal to the Board of Immigration Appeals (BIA) and can be physically removed two weeks after entry of the order.

Mandatory Unreviewable Detention Following Release from Criminal Custody

Federal immigration authorities are required to detain any immigrant convicted of an "aggravated felony" upon his or her release from criminal custody. To obtain bond from an immigration judge, LPRs who are detained following a