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Matthew Kolken on Deportation And Removal


  1. Attorney General Announces Zero Tolerance Policy for Criminal Illegal Entry

    by , 04-06-2018 at 12:53 PM (Matthew Kolken on Deportation And Removal)
    Department of Justice
    Office of Public Affairs

    Friday, April 6, 2018

    Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry

    Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General’s zero-tolerance policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018—the largest month-to-month increase since 2011.

    “The situation at our Southwest Border is unacceptable. Congress has failed to pass effective legislation that serves the national interest—that closes dangerous loopholes and fully funds a wall along our southern border. As a result, a crisis has erupted at our Southwest Border that necessitates an escalated effort to prosecute those who choose to illegally cross our border,” said Attorney General Jeff Sessions. “To those who wish to challenge the Trump Administration’s commitment to public safety, national security, and the rule of law, I warn you: illegally entering this country will not be rewarded, but will instead be met with the full prosecutorial powers of the Department of Justice. To the Department’s prosecutors, I urge you: promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. You play a critical part in fulfilling these goals, and I thank you for your continued efforts in seeing to it that our laws—and as a result, our nation—are respected.”

    On April 11, 2017, Attorney General Jeff Sessions announced a renewed commitment to criminal immigration enforcement. As part of that announcement, the Attorney General issued a memorandum to all federal prosecutors and directed them to prioritize the prosecution of certain criminal immigration offenses.

    Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border (i.e., Southern District of California, District of Arizona, District of New Mexico, Western District of Texas, and the Southern District of Texas) to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent practicable.

  2. Could Conor McGregor Be Deported

    by , 04-06-2018 at 10:09 AM (Matthew Kolken on Deportation And Removal)

    ESPN reports:

    New York police have charged UFC star Conor McGregor with three counts of misdemeanor assault and one count of felony criminal mischief after he turned himself in following an incident Thursday in Brooklyn, according to the New York City Police Department.

    I haven't seen how McGregor has been charged, but presumably it is under section 120.00(1) of the New York Penal Law, which requires both specific intent and physical injury. If he has been charged under this subsection, and if convicted, he will likely have committed a crime involving moral turpitude, which could subject him to both removal from the United States, as well as constituting a lifetime bar to admission that would required a waiver to enable him to return to the United States for any reason.

    The Board of Immigration Appeals has previously ruled In re Ernst SOLON, 24 I&N Dec. 239 (BIA 2007) that the offense of assault in the third degree in violation of section 120.00(1) of the New York Penal Law, which requires both specific intent and physical injury, is a crime involving moral turpitude.

    A single conviction that is a crime of moral turpitude committed within five years of admission subjects an individual to removal. I do not know when McGregor was last admitted to the United States, nor do I know what immigration status he holds. Regardless, a single conviction for a crime of moral turpitude renders an individual permanently inadmissible to the United States. It is possible that McGregor entered recently under the Visa Waiver Pilot Program, which would preclude him from having an opportunity to appear before an immigration judge, and could result in an immigration officer determining he is subject to removal. Moreover, his arrest alone could result in the termination of his visitor status, and a summary removal.

    I'll continue to follow this story, and will keep you posted as more information becomes available.

    Updated 04-07-2018 at 08:13 AM by MKolken

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