Posted by Norka M. Schell
The immigration process, including removal, is a civil case. Despite the fact that immigration process is a civil process; criminal law plays an important role in the immigration law context. In the Immigration and Naturalization Act (INA), the criminal grounds of deportability involve crimes of moral turpitude, convictions, aggravated felonies, high speed flight, and failure to register as a sex offender. During a removal proceedings, an Immigration Judge will determined whether a noncitizen will be removed from the United States because of the effect on immigration status of a guilty plea or a finding of guilt.
Employment law is also relevant in the immigration law context. For example, hiring an undocumented alien is considered a crime. Section of 274A of the INA imposes civil and in some cases criminal sanctions on employers who hire aliens who do not have permission to work in the United States. Lawful permanent residents, temporary permanent residents, asylees, refugees, certain persons incidental to non-immigrant status, and certain other person granted employment authorization may work in the United States. Employers can not discriminate against noncitizen**.
For more information, please call our firm at (212)564-1589 to speak with an attorney.
*Representing Clients In Immigration Court, AILA 2009 & 2010 Editions
**Westlaw-Steel on Immigration Law, Aug. 2012
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