Hello.
First of all, I should note that Google Answers provides general
information and is not a substitute for professional legal advice. If
you need professional advice about immigration law, you should consult
a qualified attorney.
------------
Yes, President Clinton did sign a law that made certain resident
aliens eligible for deportation on the basis of past crimes. The law
was actually passed in 1996 and took effect in 1997, rather than 1998.
The law was the "Illegal Immigration Reform and Immigrant
Responsibility Act of 1996" (IIRIRA).
From the Seattle Post Intelligencer:
"...examples of violent immigrant criminals helped inspire Congress to
press the INS to deport any alien with a felony conviction -- no
matter how old -- by passing the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, known as IIRIRA.
The act, which took effect in 1997, also radically expanded the
definition of such felonies, including any crime -- recent or old --
that carried a sentence of one year of jail or of probation."
source:
SEATTLE POST-INTELLIGENCER, April 6, 1999
http://seattlepi.nwsource.com/local/ins061.shtml
Basically, IIRIRA changed the legal definition of "aggravated
felonies," which in turn caused individuals who had committed such
felonies to be subject to deportation.
Here's an excerpt from an article about the IIRAIRA that mentions this point:
"...IIRAIRA dramatically redefines the definition of what constitutes
an aggravated felony and the definition of a conviction under the INA.
In addition, IIRAIRA''s definition of an aggravated felony is
retroactive; therefore, the date of the conviction is immaterial."
source:
"Highlights of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRAIRA) of 1996: Tolerance No More," hosted by
findlaw.com:
http://library.lp.findlaw.com/articles/file/00944/001327/title/subject/topic/immigration%20law_immigration/filename/immigrationlaw_1_419
This point is also mentioned in an article about a bill that sought to
change the law:
"... the bill permits immigrants who committed an offense prior to
September 30, 1996?and who are considered to be aggravated felons only
because of the changes in the 1996 immigration laws?to apply for
cancellation of removal. Under current law, even an immigrant whose
decades-old crime was not considered to be an aggravated felony before
1996 is subject to mandatory deportation."
source: refugees.org:
http://www.refugees.org/world/articles/reform_rr00_9.htm
The complete text of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRAIRA) of 1996 is available from visalaw.com at:
http://www.visalaw.com/docs/IIIRA.html
-------------
search terms:
deport, aliens, "prior criminal"
"Immigrant Responsibility Act", aggravated felonies
I hope this helps. |
