	Introduction

Congress has broad plenary authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States or provide grounds for his or her removal. Prominently included among this conduct is criminal activity. This report discusses the potential immigration consequences of criminal activity. Notably, being in the United States without legal permission—i.e., being an "illegal alien"—is not a crime in and of itself. Most crimes included under these grounds are not specifically mentioned, but instead fall under a broad category of crimes, such as crimes involving moral turpitude or aggravated felonies . In addition, certain criminal conduct precludes a finding of good moral character under the INA, thereby preventing an alien from becoming either a naturalized U.S. citizen or a candidate for certain types of relief. Pursuant to INA § 101(f), an alien is barred from being found to have good moral character if, during the period for which character is required to be established, the alien
commits certain acts related to prostitution or another commercialized vice; knowingly encourages, induces, assists, abets, or aids any other alien to enter or to try to enter the United States in violation of law, except in limited circumstances; commits a crime of moral turpitude, unless the alien committed only one crime and either (1) the crime was committed while the alien was a minor and the crime (as well as the alien's release from any imprisonment for the crime) occurred at least five years prior to the pertinent application or (2) the maximum possible penalty for the crime did not exceed one year's imprisonment and the sentence imposed did not exceed six months; violates a federal, state, or foreign law or regulation relating to a controlled substance, other than a single offense of possessing 30 grams or less of marijuana; commits two or more offenses for which the aggregate sentence imposed was at least five years; gives false information in attempting to receive a benefit under the INA; has an income principally derived from illegal gambling activities; commits at least two gambling offenses for which the alien is convicted; is in criminal confinement for at least 180 days; or has at any time been convicted of an aggravated felony. P.L. Voluntary Departure

Through a grant of voluntary departure, an otherwise deportable alien may depart the United States without the stigma and legal consequences that would attach to a compulsory removal order. 110 - 257 , providing certain relief from inadmissibility to members of the African National Congress; P.L. 110 - 340 , making persons who have engaged in the recruitment of child soldiers in violation of federal law inadmissible, deportable and ineligible for asylum or withholding of removal; and P.L. 110 - 457 , modifying the grounds for inadmissibility and removal related to human trafficking. It is possible that proposals will be introduced in the 111 th Congress to further modify the immigration consequences of criminal activity.
Congress has broad plenary authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States ("inadmissibility") or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. "Criminal activity" comprises acts violative of federal, state, or, in many cases, foreign criminal law. It does not cover violations of the INA that are not crimes—most notably, being in the United States without legal permission. Thus, the term "illegal alien"—an alien without legal status—is not synonymous with "criminal alien."
Most crimes affecting immigration status are not specifically mentioned by the INA, but instead fall under a broad category of crimes, such as crimes involving moral turpitude or aggravated felonies. In addition, certain criminal conduct precludes a finding of good moral character under the INA, which is a requirement for naturalization and certain types of immigration relief.
In certain circumstances, grounds for inadmissibility or deportation may be waived. In some cases, aliens facing removal may be allowed to remain in the United States—for example, when they are granted discretionary or mandatory relief from removal for humanitarian reasons, such as through asylum, withholding of removal, or cancellation of removal. Aliens facing removal may also be permitted to depart the United States voluntarily, and thereby avoid the potential stigma and legal consequences of forced removal. Criminal conduct may affect an alien's eligibility for either voluntary departure or discretionary relief from removal. Additionally, criminal conduct is a key disqualifying factor under the character requirement for naturalization.
Several legislative proposals were made during the 110th Congress that contained provisions modifying the immigration consequences of criminal activity. Enacted legislation modifying the immigration consequences of criminal activity included P.L. 110-257, providing certain relief from inadmissibility to members of the African National Congress; P.L. 110-340, making persons who have engaged in the recruitment of child soldiers in violation of federal law inadmissible, deportable and ineligible for asylum or withholding of removal; and P.L. 110-457, modifying the grounds for inadmissibility and removal related to human trafficking.