Aggravated Felonies

(B)  Other Grounds of Deportation.  Alien smuggling conduct may trigger deportability or inadmissibility under other grounds even if there is no conviction.  A person who has aided, assisted or encouraged others to enter the U.S. illegally is inadmissible and deportable under the “alien smuggling” conduct-based removal grounds, regardless of whether s/he has been convicted of the federal criminal offense.[24] Therefore, criminal counsel should aid the client to avoid making any admission of this conduct that might come to the attention of the immigration authorities, even if the client successfully avoids a conviction of this criminal offense.  Some waivers of these non-conviction ground of removal are available.[25]  Alien harboring and transporting are not included in these conduct-based alien smuggling removal grounds.

[24] INA § 237(a)(1)(E)(i), 8 U.S.C. § 1227(a)(1)(E)(i); INA § 212(a)(6)(E), 8 U.S.C. § 1182(a)(6)(E).

[25] See ILRC § 6.12 (2004).