Putting TRAC to Work
  Legal and Scholarly
Arizona State University
May 2018

Assessing Disparity in the Federal Court Processing of Immigration Cases
By Laura O. Beckman

Criminal offenses with civil sanctions. Regarding crimes with civil sanctions, the first deportation policy was passed in 1917 that subjected felonies and later crimes ofmoral turpitude to deportation (Cook, 2003). In 1952, the McCarren-Walter Act, also known as the Immigration and Nationality Act, further shaped the structure and procedures of the civil immigration system, but the commission of felonies and crimes of moral turpitude committed within five years of entry remained the main grounds for deportation (Cook, 2003; Transactional Records Access Clearinghouse, 2006). The first major expansion of criminal offenses with attached civil sanctions began with the passage of the Immigration and Nationality Act and Anti-Drug Abuse Act of 1988, which created a category of aggravated felonies (Cook, 2003; Legomsky, 2007). At first, aggravated felonies comprised three broad offense types: drug trafficking, weapons trafficking, and murder (Transactional Records Access Clearinghouse, 2006). Later, multiple offense types were added with the passages of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and Antiterrorist and Effective Death Penalty Act (AEDPA)in 1996 (Cook, 2003).

Transactional Records Access Clearinghouse, Syracuse University
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