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How Do Crimes Against Women Impact Deportation?
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How Do Crimes Against Women Impact Deportation?
Crimes against women, especially domestic violence and sexual assault, can have serious immigration consequences for perpetrators. Under federal law, certain crimes make immigrants eligible for deportation, regardless of their legal status. This includes legal permanent residents with green cards who have lived in the U.S. for decades.
According to a Reddit discussion, Immigration and Customs Enforcement (ICE) deports thousands of immigrants each year due to domestic violence charges. In many states, a domestic violence conviction or violating a protection order triggers mandatory deportation proceedings.
Deportable Crimes Against Women
The Immigration and Nationality Act lists crimes that make immigrants deportable. This includes:
- Domestic violence
- Stalking
- Sexual abuse
- Sexual assault
- Violating a protection order
Even misdemeanor convictions for these crimes can start removal proceedings. For example, simple assault or offensive touching charges related to domestic violence put immigrants at risk.
Aggravated Felonies
Some crimes against women constitute “aggravated felonies” under immigration law. These include rape, sexual abuse of a minor, and some types of battery against a spouse or partner. Immigrants convicted of an aggravated felony face mandatory deportation.
In a recent Quora discussion, attorneys explained that aggravated felony convictions leave green card holders with almost no defense against removal. ICE places these individuals into fast-track deportation proceedings.
Protection Orders
Immigrants can also face deportation for violating civil protection orders. These include restraining orders, stay-away orders, and no-contact orders issued in domestic violence or sexual assault cases. According to FindLaw, protection order violations may be charged as misdemeanors or felonies, both of which can trigger deportation.
Defenses Against Deportation
While crimes against women often lead to removal proceedings, some defenses exist. An experienced immigration attorney can argue that:
- The crime does not meet the definition of an aggravated felony or deportable offense
- The immigrant is eligible for a U visa as a victim of crime who aided law enforcement
- The court should grant cancellation of removal due to long-term U.S. residency and other factors
Certain domestic violence victims may qualify for relief under the Violence Against Women Act (VAWA). For example, an abused spouse of a U.S. citizen or green card holder can self-petition for legal status.
Mitigating Factors
In some cases, immigration judges have discretion to consider mitigating factors before ordering deportation. These include:
- Length of U.S. residency
- Family and community ties
- History of employment and paying taxes
- Rehabilitation efforts and lack of other criminal history
While not guaranteed to prevent removal, offering evidence related to these factors may persuade a judge to grant relief. An attorney can advise on the best legal strategies.
Takeaways
Immigrants charged with domestic abuse, sexual violence, stalking or violating protection orders should consult immediately with an immigration lawyer. These attorneys understand how convictions and plea deals can impact deportation under federal law.
In many cases, fighting criminal charges or seeking alternative dispositions can help avoid removal. Experienced counsel conducts a thorough analysis of each case to identify potential defenses and forms of relief.
Ultimately, crimes targeting women have extremely serious repercussions for non-citizens. Early involvement of an immigration attorney provides the best chance to avoid these consequences.
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