Until
1996, deportation was divided into two categories; aliens
who "entered" the United States, by evading
inspection, and were caught and aliens who were caught
at the border. Those caught at the border such as an airport
inspection or sneaking though Canada were subject to exclusion
grounds and procedures. Aliens that were apprehended
inside the United States were placed in deportation proceedings.
Those caught within the borders or the United States had
greater constitutional and procedural rights than aliens
in exclusion proceedings. This gave an advantage
to those aliens who had crossed the border illegally and
successfully evaded inspection rather than abide by the
law and seek admission at the border.
To
eliminate this advantage, in 1996 Congress replaced the
term "entry" with "admission" to mean
the lawful entry of an alien into the country after inspection.
Admitted aliens have greater rights than those who were
not properly admitted. In 1996 the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA)
wad enacted, Congress changed the term "exclusion"
to "inadmissibility" throughout the INA.
Even with a change in name the terms "exclusion"
and "inadmissibility" are functionally equivalent.
Both refer to the state of being ineligible for admission
to the United States because of a failure to meet one
or more of several admission criteria, or grounds of inadmissibility.
Until 1996, the distinction between the terms "exclusion"
and "deportation" was an important one, pivoting
on whether an alien had made an "entry" into
the United States.
Nowadays,
almost any violation of your status in the US can potentially
result in your being placed in removal proceedings. These
violations include entering the U.S. without inspection,
proper documents or through fraud, improper re-entry after
deportation, failure to maintain nonimmigrant status,
conviction of a crime involving moral turpitude, conviction
of an aggravated felony, involvement in prostitution,
becoming institutionalized at public expense within 5
years of entry, becoming a public charge within 5 years
of entry failure to obtain permanent residence after being
granted a conditional Green Card through the marriage
to a U.S. citizen or Green Card holder, narcotics addiction
or violation of laws relating to controlled substance,
assisting another alien to enter the United States, conviction
of possession of an automatic or semi automatic weapon.
A charge of deportation is usually accompanied by a document
called a Notice to Appear, which requires the foreign
national to appear before an immigration judge and demonstrate
why he or she should not be deported and Removed form
the United States. |
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