C ongress's power to establish rules for the admission of non-U.S. nationals (aliens ) has long been viewed as plenary. In the Immigration and Nationality Act (INA), as amended, Congress has specified various grounds for the exclusion or removal of aliens, including grounds related to the commission of criminal conduct. Some criminal offenses committed by an alien who is present in the United States may render that alien subject to removal from the country. And certain offenses may preclude an alien outside the United States from either being admitted into the country or being permitted to reenter following an initial departure. Further, committing certain crimes may disqualify an alien from many forms of relief from removal, prevent an alien from adjusting to lawful permanent resident (LPR) status, or bar an LPR from naturalizing as a U.S. citizen. This report provides an overview of the major immigration consequences of criminal activity. The report begins by briefly discussing the laws governing the immigration consequences of criminal conduct and the government entities charged with administering U.S. immigration laws. Next, the report enumerates specific crimes and categories of crimes that may render an alien inadmissible or deportable. "Deportable" refers to aliens who have been lawfully admitted to the United States, but have engaged in proscribed activities that render them removable from the country. The list includes many specific offenses, as well as several broad categories of crimes. Additionally, an alien who has committed an aggravated felony and is removed from the United States will become inadmissible indefinitely, and may be ineligible for various forms of relief from removal. However, certain criminal activity may bar an alien from being eligible for some types of relief. Concerning the criminal grounds for inadmissibility, the scope of this waiver authority differs depending on whether the alien is seeking admission as an LPR, or whether the alien is, instead, seeking admission into the country temporarily as a nonimmigrant. For non-LPRs, the Attorney General may exercise discretion to cancel the removal of an alien who is inadmissible or deportable and adjust the alien's status to LPR if the alien
1. has been physically present in the United States for a continuous period of at least 10 years immediately preceding the application for relief; 2. has been a person of good moral character during that 10-year period; 3. has not been convicted of an offense described in INA § 212(a)(2) (criminal grounds of inadmissibility), § 237(a)(2) (criminal grounds of deportability), or § 237(a)(3) (failure to register and falsification of documents); and 4. establishes that his removal would result in "exceptional and extremely unusual hardship" to a spouse, parent, or child who is a U.S. citizen or LPR. There are two forms of voluntary departure. Certain conduct renders an alien ineligible to obtain withholding of removal. An alien is ineligible for withholding of removal, however, if, among other things, the alien 
participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing; ordered, incited, assisted, or otherwise participated in the persecution of an individual on account of a protected ground; is "a danger to the community of the United States" as a result of having been convicted of "a particularly serious crime"; committed a serious nonpolitical crime outside the United States before arriving in the United States; or is otherwise a danger to the security of the United States. However, certain criminal activity can make an alien ineligible to receive TPS relief. Numerous criminal grounds for inadmissibility and deportability require the rendering of a conviction for a particular crime to be applicable. Approaches to Determine Whether a Criminal Conviction Triggers Immigration Consequences

Although the INA, on some occasions, expressly identifies conduct referenced in a criminal statute that would render an alien removable or ineligible for certain relief, in many instances the INA simply refers to a general category of criminal behavior that carries immigration consequences. Congress also could add or subtract crimes from those listed as aggravated felonies and clarify what crimes involve moral turpitude.
Congress's power to create rules governing the admission of non-U.S. nationals (aliens) has long been viewed as plenary. In the Immigration and Nationality Act (INA), as amended, Congress has specified grounds for the exclusion or removal of aliens, including on account of criminal activity. Some criminal offenses, when committed by an alien who is present in the United States, may render that alien subject to removal from the country. And certain criminal offenses may preclude an alien outside the United States from being either admitted into the country or permitted to reenter following an initial departure. Further, criminal conduct may disqualify an alien from certain forms of relief from removal or prevent the alien from becoming a U.S. citizen. In some cases, the INA directly identifies particular offenses that carry immigration consequences; in other cases, federal immigration law provides that a general category of crimes, such as "crimes involving moral turpitude" or an offense defined by the INA as an "aggravated felony," may render an alien ineligible for certain benefits and privileges under immigration law.
The INA distinguishes between the treatment of aliens who have been lawfully admitted into the United States and those who are either seeking admission into the country or are physically present in the country without having been lawfully admitted. Aliens who have been lawfully admitted into the country may be removed if they engage in conduct that renders them deportable, whereas aliens who have not been legally admitted into the United States—including both aliens seeking initial entry into the United States as well as those who are physically present in the country but were never lawfully admitted—may be excluded or removed from the country if they have engaged in conduct rendering them inadmissible. Although the INA designates certain criminal activities and categories of criminal activities as grounds for inadmissibility or deportation, the respective grounds are not identical. Moreover, a conviction for a designated crime is not always required for an alien to be disqualified on criminal grounds from admission into the United States. But for nearly all criminal grounds for deportation, a "conviction" (as defined by the INA) for the underlying offense is necessary. Additionally, although certain criminal conduct may disqualify an alien from various immigration-related benefits or forms of relief, the scope of disqualifying conduct varies depending on the particular benefit or form of relief at issue.
This report identifies the major criminal grounds that may bar an alien from being admitted into the United States or render an alien within the country removable. The report also discusses additional immigration consequences of criminal activity, including those that make an alien ineligible for certain relief from removal, including cancellation of removal, voluntary departure, withholding of removal, and asylum. The report also addresses the criminal grounds that render an alien ineligible to adjust to lawful permanent resident (LPR) status, as well as those grounds barring LPRs from naturalizing as U.S. citizens. The report also discusses the scope of several general criminal categories referenced by the INA, including "crimes involving moral turpitude," "aggravated felonies," and "crimes of violence."