A crime of child abuse, neglect or abandonment will cause deportability, regardless of sentence. ²²³ While there is no case law defining child abuse, for this purpose, counsel should assume that child endangerment and other statutes that might not be found to be “crimes of violence” could still trigger deportability under this ground. Under related case law, the courts should require that in order for a conviction to fall under the child abuse or child neglect provisions of the DV deportation ground, the victim’s classification as a “child” or “minor” must be an actual element of the offense. Thus, most effective strategy to avoid this ground of deportation is to negotiate an alternative plea that does not have the victim’s status as a minor or child as an element of the offense. For example, a defendant is charged with child molestation in the second or third degree, or rape in the third degree. Under all of those offenses, the victim is a minor. An alternative option that would avoid deportation under this ground would be to plead to a straight assault offense, such as third or fourth degree assault per (f) negligence prong. Adding the sexual motivation enhancement under RCW 9.94A.835 should not make the offense a crime of child abuse, a crime of violence, or a sexual abuse of a minor offense. However, it is wise to ensure that the alleged victim’s age or minor status is not included in the record of conviction.

In negotiating alternative pleas, counsel must also be avoid any conviction that could also trigger other relevant grounds of deportation or inadmissibility, such as domestic violence offenses, crimes involving moral turpitude, and crimes of violence that are aggravated felonies.

²²³ See 8 USC §1227(a)(2)(E)(ii); INA § 237 (a)(2)(E)(ii).