INS Letter Concerning the Removal or Criminal Aliens

U.S. Department of Justice
Immigration and Naturalization Service
Atlanta District Office
Martin Luther King, Jr. Federal Building
77 Forsyth Street, S.W.
Atlanta, GA 30303

Immigration & Naturalization Service Update

REMOVAL OF CRlM1NAL ALIENS

The Immigration a Naturalization Service (INS) is an agency within the Department of Justice. The primary responsibility of INS is the enforcement of our nation's immigration laws. The INS is comprised of 33 District Offices. The Atlanta District Office is responsible for the states of Georgia, North & South Carolina and Alabama. Currently, the Atlanta Office is the only office in Georgia; however, we have been authorized new offices in Savannah, Albany and Dalton. These offices should be operational by December 1999.

Our discussion today will be centered an aliens convicted of criminal violations.

Aliens

An alien is anyone who is not a citizen or national of the United States. There are three types of aliens: immigrants, nonimmigrants (such as students or visitors), and illegal aliens.

Immigration Law

The INS enforces the Immigration & Nationality Act (INA) and related criminal statutes. There have been several amendments to the INA, including the most recent in 1996. The primary purpose of the 1996 amendment was to expand laws regarding the removal/deportation of criminal aliens.

Some examples of convictions that render an alien removable/deportable include any drug offenses, crimes of violence, thefts, prostitution, or other crimes that involve moral turpitude.

Certain crimes are defined as Aggravated Felonies; a list of these offenses is provided as Attachment "A". An alien convicted of an Aggravated Felony faces certain removal/deportation from the United States. Certain crimes, such as thefts, crimes of violence or forgery, require a sentence of confinement of at least ONE YEAR to qualify as an Aggravated Felony. NOTE: THE ALIEN IS NOT REQUIRED TO SERVE THE SENTENCE, AS LONG AS IT IS IMPOSED.

In Hall County, when appropriate, the sentence of alien defendants is suspended upon their removal/deportation. An example of an Accusation and Judgment & Conviction document from Hall County is provided as Attachment "B". INS then processesthe alien for removal and he is usually removedwithin two to three weeks from the date of conviction. This can be a useful tool in plea negotiations. 

There are other cases, such as Aggravated Assaults or offenses involving large quantities of drugs where the alien should spend time in prison. In cases such as these, the alien is processed for removal and an INS detainer placed with the detention facility. Upon the completion of his sentence the alien is then removed/deported from the United States.

Should an alien return to the United States after he has been removed/deported, he is subject to prosecution in Federal court. If the alien had been removed/deported as an Aggravated Felon, he is then subject to a sixteen level increase upon his conviction.

Issues When Dealing With Alien Defendants

• BOND: try to get a higher bond, aliens, especially illegal aliens, are very transient in nature and are likely to abscond from felony charges.
  
  

• If possible do not plea bargain an Aggravated Felony down to a non aggravated felony. An example is a Possession With Intent (or Sale) of Narcotics charge to a Possession charge. This is important to assure the aliens swift removal and the sixteen level increase if he returns.
  
  

• Remember when dealing with the Aggravated Felonies that require a sentence of a year or more, if you feel it is appropriate the sentence can be suspended upon deportation.
  
  

• You may encounter alien defendants that return to court to have their sentences amended to avoid removal/deportation ie. reduced from twelve months to eleven months. Try to avoid this, by reducing the sentence the alien may avoid removal. Contact INS if you have questions on these cases.
  
  

• IF YOU HAVE ANY QUESTIONS REGARDING ALIEN DEFENDANTS FEEL FREE TO CALL INS AT 404 331 2763, ASK FOR THE DUTY AGENT OR THE DUTY SUPERVISOR.

AGGRAVATED FELONIES