Some grounds of deportability and inadmissibility for crimes do not require a conviction and merely a bad act is sufficient ground for removal.  As a result, a juvenile delinquency disposition, pre-plea arrangement or vacated conviction still may have adverse immigration consequences.  These “conduct-based” grounds of deportability and inadmissibility include situations in which the person:

·         Is someone the government has “reason to believe” is or was a drug trafficker;

·         Is or has been a drug addict or abuser;

·         Has engaged in the business of prostitution;

·         Has committed certain crimes that involve immigration status such as alien smuggling, false documents, or making a false claim to U.S. citizenship; or

·         Has been found by a court to violate a protection orders relating to domestic violence.

Reason to Believe Drug Trafficking. A person is inadmissible if government has “reason to believe” that she is or has been a drug trafficker.[1]   While there is no case directly on point, it is likely that the government will assert “reason to believe” based on a juvenile delinquency disposition of trafficking.  While legally a juvenile is not “capable” of committing a crime,[2] the government will argue that the drug trafficking in the statute refers to activity and not “crime”; immigration counsel must argue against that.  Thus, pleading guilty to sale or possession for sale offenses in juvenile court causes far greater risk to an immigrant youth than pleading guilty to simple possession, which in most cases has no effect. 

Facts underlying an adult drug sale conviction that is vacated for cause still may serve as “reason to believe” trafficking.  In addition, the statute was recently amended to provide that not just the trafficker, but the spouse and children of the trafficker are inadmissible if within the last five years they “benefited” from the trafficking.

A noncitizen found inadmissible for drug trafficking may never be able to obtain any immigration status.  The only waivers for this inadmissibility ground are for:  long-time permanent resident waiver of cancellation of removal; extremely strong political asylum cases (withholding of removal); and the S, T, and U visas for victims of crime or alien trafficking and informants. 

Drug Addict or Abuser.  A noncitizen found to be a drug addict or abuser can be found inadmissible if the addiction or abuse is “current,” or deportable if the addiction or abuse has occurred anytime after admission.[3]  Repeated drug possession findings or a finding in drug court or other contexts that the person is an addict or abuser, can trigger this ground. 

Prostitution  A noncitizen who engages in prostitution is inadmissible.[4]  This includes prostitutes and procurers (pimps) but not customers (although customers possibly may be held to have committed a crime involving moral turpitude).  No conviction is required, but even with a conviction a single incident might not support a finding.  A waiver of this ground of inadmissibility is available.  Please see Chapter Eight, Section E: Prostitution as Ground of Deportation for more on prostitution.

Alien Smuggling, Fraud, False Claim to Citizenship.  A noncitizen who has aided, assisted or encouraged noncitizens to cross the border illegally is deportable and inadmissible, as is a noncitizen who after September 30, 1996 has made a false claim to U.S. citizenship to any government office to obtain a benefit.  A person who has used or sold false immigration documents or filled out an immigration form with false information is inadmissible and deportable for document fraud if the person becomes the subject of a final order at a special administrative hearing.  There are some waivers for alien smuggling and document fraud. 

Civil or Criminal Court Finding of Violation of a Domestic Violence Protective Order.  A noncitizen who is found by a civil or criminal judge to have violated certain portions of a domestic violence protective order is deportable.  The action violating the court order must have occurred on or after September 30, 1996, and after admission to the United States.  No conviction is required.[5]