Crimes of moral turpitude (CMT) refer to conduct that is inherently base, vile, or depraved, contrary to accepted rules of morality and the duties owed between persons or to society in general. In the context of U.S. immigration law, these crimes hold significant implications for non-citizens.
Impact on Immigration Status
Grounds for Inadmissibility and Deportability:
- Inadmissibility: Under the Immigration and Nationality Act (INA) § 212(a)(2)(A)(i)(I), non-citizens who have committed or been convicted of a CMT are generally inadmissible to the United States. This means they can be denied entry or a visa.
- Deportability: INA § 237(a)(2)(A)(i) states that non-citizens in the U.S. can be deported if they are convicted of a CMT within five years of admission and the crime carries a possible sentence of one year or longer. Multiple convictions of CMTs at any time after admission also make a non-citizen deportable.
Examples of Crimes of Moral Turpitude:
Crimes involving fraud, larceny, and intent to harm persons or things are typically considered CMTs. Specific examples include:
- Theft
- Murder
- Rape
- Child abuse
- Aggravated assault
- Fraud-related crimes such as embezzlement
Legal Consequences and Remedies
Waivers:
- Certain waivers are available for those deemed inadmissible or deportable due to a CMT. For instance, a waiver under INA § 212(h) can be granted for humanitarian purposes, family unity, or if the denial of admission would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.
Cancellation of Removal:
- Lawful permanent residents (LPRs) facing deportation due to a CMT conviction may apply for cancellation of removal under INA § 240A(a), provided they meet specific residency and moral character requirements.
Impact on Asylum and Refugee Status:
- A CMT conviction can disqualify a person from receiving asylum or refugee status, as they must demonstrate they are not a danger to the community of the U.S.
Interaction with Criminal Law
Criminal Proceedings and Immigration Consequences:
- The outcome of criminal proceedings can directly affect a non-citizen’s immigration status. Defense attorneys must consider immigration consequences when advising clients, as established by the U.S. Supreme Court in Padilla v. Kentucky (2010), which requires attorneys to inform non-citizen clients about the risk of deportation following a guilty plea.
Aggravated Felonies:
- Some crimes classified as CMTs may also qualify as aggravated felonies under immigration law, which carry even harsher immigration penalties, including mandatory detention and expedited removal processes without the opportunity for certain forms of relief.
Plea Bargains:
- Non-citizens may seek plea bargains to lesser offenses that do not constitute CMTs or aggravated felonies to avoid severe immigration consequences. Legal strategies may involve negotiating charges or seeking post-conviction relief.
The relationship between criminal law and immigration is intricate, especially regarding crimes of moral turpitude. These crimes can lead to severe immigration consequences, including inadmissibility, deportability, and ineligibility for various immigration benefits. Non-citizens facing criminal charges must be aware of these potential outcomes and seek knowledgeable legal advice to navigate both criminal and immigration systems effectively.
