I.    ADMISSION TO THE UNITED STATES

 A.      The Meaning of "Admission"

 B.      Admission vs. Entry

 C.      Re-Entry of Permanent Residents

II.   GROUNDS OF INADMISSIBILITY

 A.      Health-Related Grounds

 B.      Criminal and Related Grounds

(a)     Crimes of Moral Turpitude

   (i)      Exceptions And Waivers of the Criminal Grounds

 C.      Security and Related Grounds

 D.      Inadmissibility for Violations of Immigration Law or Procedure

(a)     Illegal Entrants and Immigration Violators

(b)     Previous Removal and Unlawful Presence

 E.      The Public Charge Ground

 F.      Other Grounds of Inadmissibility

(a)     Labor Certification

(b)     Documentation Requirements

(c)     Persons Ineligible for Citizenship

(d)     Miscellaneous

 G.      False claim to U.S. Citizenship

III.  REMOVAL FROM THE UNITED STATES

  A.      General Considerations

IV. GROUNDS FOR REMOVAL (DEPORTABILITY)

A.      Inadmissibility at Entry and Status Violations

B.      Criminal Grounds

(a)     Crimes of Moral Turpitude

(b)     Aggravated Felonies

(c)     Other Criminal Grounds

   (i)      Avoiding the Immigration Consequences of Crimes

C.      Registration Requirements

D.      National Security Grounds

E.      Other Removal Grounds

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III.  REMOVAL FROM THE UNITED STATES

Removal is the expulsion of a non-citizen who has already been admitted to the United States. In general, non-citizens may be removed because they were inadmissible at the time of entry, because they have violated a condition of their status in the U.S., or because they have committed other prohibited acts. The Immigration and Nationality Act lists six major categories of persons subject to removal. These categories cover non-citizens who (1) were inadmissible at time of entry or adjustment of status or have violated status, (2) have committed certain criminal offenses, (3) have failed to register or have falsified documents, (4) have engaged in terrorism or otherwise threatened national security or U.S. foreign policy, (5) have become a public charge, or (6) unlawfully voted. These categories are further subdivided, so there are many more specific grounds for removal. The 1990 Act reduced the number of grounds for removal in an attempt to make the list comprehensible and more current. Subsequent amendments, such as the Technical Amendments Act of 1991, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), and IIRIRA, expanded the list once again, particularly the crime-related grounds. Before examining these grounds in detail, some general aspects of removal will be examined.

A. General Considerations

In theory at least, removal is not a criminal punishment, but is a civil proceeding designed primarily to rid the United States of statutorily defined undesirables. The courts have long recognized the plenary power of Congress to expel and remove non-citizens. That Congress allows non-citizens to enter the United States "is a matter of permission and tolerance. The government's power to terminate hospitality has been asserted by this court since the question first arose." Harisiades v. Shaughnessy (Sup.Ct.1952).

Even though the courts do not consider removal a criminal punishment, they recognize that it is a severe penalty. Most non-citizens have voluntarily chosen to come to the United States and removal forces them to leave their homes, jobs, friends, and in some cases, families. Indeed, removal may result "in loss of both property and life; or all that makes life worth living." Ng Fung Ho v. White (Sup.Ct.1922). Further, persons who have been removed are barred for a minimum of ten years from entering the United States unless they obtain special permission. INA § 212(a)(9). Because the consequences of removal are drastic, the student of immigration law should become familiar with the many and varied aspects of removal.

Several specific classes of non-citizens are exempt from the removal statutes, including ambassadors, public ministers, accredited career diplomats, consular officers, and the members of their families. Employees of international organizations such as the United Nations are also exempt from removal statutes. INA § 102. All other non-citizens, including lawful permanent residents, may be removed.

Removing a non-citizen often results in the "de facto" removal of the individual's U.S. citizen children. The Third Circuit rejected the claim that removal denies a non-citizen's children the right, as U.S. citizens, to continue to reside in the United States. Removal of a child's parents will merely postpone, but not bar, the child's residence in the United States, if he or she should later choose to live in this country. The court reasoned that Congress did not intend to give such children the ability to confer immigration benefits on their parents. Acosta v. Gaffney (3d Cir.1977).

Unlike most statutes regulating conduct, the INA frequently applies retroactively. The BBS may remove non-citizens for conduct which was not a ground for removal at the time they committed the act. For example, a Nazi who legally entered the United States in 1965 may be removed under the provisions of a 1978 amendment to the act, despite residing in the United States for a number of years. Removal for acts which were not grounds for removal when committed does not violate the constitutional prohibition against ex post facto laws. Mahler v. Eby (Sup.Ct.1924). The INA also does not contain a general statute of limitations, although there are particular statutes of limitation contained within the classes of persons subject to removal. For example, non-citizens who become dependent on government benefits are removable only if they become a public charge within five years of entry into the United States. INA § 237(a)(5). Accordingly, the BBS may remove a Greek who becomes a public charge four years after entry, but not an Italian who becomes a public charge five and a half years after entry. Because there is no general statute of limitations, however, the BBS can remove the Greek at any time--even if he or she ceases to be

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