Immigration is a complex and constantly evolving topic, with laws and regulations that can be difficult to navigate. One such law is Section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA), which has a significant impact on those seeking to enter or remain in the United States. In this article, we will explore the details of this section and its implications for immigration.

Understanding Section 237(a)(2)(A)(iii)

Section 237(a)(2)(A)(iii) of the INA states that any non-citizen who has been convicted of an aggravated felony is subject to deportation. This section defines an aggravated felony as any crime that is considered a felony under federal law, and which also meets certain criteria such as being a crime of violence, involving fraud, or being related to drug trafficking. This means that even if a non-citizen has a green card or other legal status, they can still be deported if they are convicted of an aggravated felony.

The Impact on Immigration Status

The consequences of being subject to deportation under Section 237(a)(2)(A)(iii) can be severe for non-citizens. Not only can they be removed from the country, but they may also be barred from re-entering the United States for a certain period of time or even permanently. This can have a devastating impact on individuals and families, as they may be separated from loved ones and unable to return to their homes and jobs in the US.

Moreover, a conviction for an aggravated felony can also lead to the revocation of any immigration benefits that the non-citizen may have, such as a green card or work permit. This can leave them without any legal status in the country and facing deportation.

The Burden of Proof

One of the key aspects of Section 237(a)(2)(A)(iii) is that the burden of proof falls on the non-citizen to show that they are not subject to deportation. This can be a difficult task, as the government only needs to prove that the individual has been convicted of an aggravated felony, not that they are actually guilty of the crime.

This means that even if a non-citizen has been wrongfully convicted or the conviction was based on insufficient evidence, they may still be subject to deportation under this section. It is important for non-citizens to have strong legal representation to fight against deportation and protect their rights.

The Controversy Surrounding Section 237(a)(2)(A)(iii)

Section 237(a)(2)(A)(iii) has been a source of controversy and debate since its inception. Critics argue that the definition of an aggravated felony is too broad and can encompass relatively minor offenses, leading to disproportionate and unjust consequences for non-citizens. They also argue that the burden of proof falls unfairly on the non-citizen and that the government should have to prove their case beyond a reasonable doubt.

On the other hand, supporters of this section argue that it is necessary to protect the country from individuals who have committed serious crimes and pose a threat to public safety. They also argue that non-citizens who have been convicted of aggravated felonies should not be allowed to remain in the country, regardless of their immigration status.

The Importance of Legal Representation

Given the serious consequences of being subject to deportation under Section 237(a)(2)(A)(iii), it is crucial for non-citizens to have strong legal representation. An experienced immigration attorney can help navigate the complexities of this section and fight against deportation. They can also explore potential defenses and strategies to challenge the government’s case and protect the rights of their clients.

Conclusion

Section 237(a)(2)(A)(iii) of the INA has a significant impact on immigration, particularly for non-citizens who have been convicted of an aggravated felony. It can lead to deportation, revocation of immigration benefits, and even permanent separation from loved ones and life in the US. It is important for non-citizens to understand this section and seek legal representation to protect their rights and fight against deportation.

FAQs

1. What is an aggravated felony?
   An aggravated felony is a crime that is considered a felony under federal law and meets certain criteria, such as being a crime of violence or involving fraud or drug trafficking.

2. Can a non-citizen be deported even if they have legal status?
   Yes, if they are convicted of an aggravated felony, they can be subject to deportation regardless of their immigration status.

3. Is it possible to fight against deportation under Section 237(a)(2)(A)(iii)?
   Yes, with the help of an experienced immigration attorney, it is possible to challenge the government’s case and protect against deportation.