Safe Havens

A noncitizen who is or at any time after admission has been a drug abuser or addict is deportable.[1074]  NOTE: This ground of deportation does not require a conviction.  Under this ground, a noncitizen, including a juvenile, is deportable if s/he is or was at any time after admission a drug abuser or addict, even if s/he is now in recovery.  The test of what is addiction or abuse is extremely broad and may include even casual and sporadic use of “soft” drugs.

            For purposes of this ground, drug abuse is defined as the “non-medical use

of a substance listed in section 202 of the Controlled Substances Act, as

amended (21 U.S.C. 802) which has not necessarily resulted in physical or psychological dependence.”[1075]  Section 202 of the Controlled Substances Act is codified at 21 U.S.C. § 802, which lists hundreds of controlled substances, including marijuana in five schedules. 

Drug addiction is defined by regulation to include the non-medical use of a controlled substance “which has resulted in physical or psychological dependence.” [1076]  Drug addict is further defined under 42 U.S.C. § 201(k) as a person who has “lost the power of self control” over his or her addiction, or whose habitual drug use poses a threat to public morals, health, safety, or welfare.  A “mere user” is not an addict.[1077]

[1074] INA § 237(a)(2)(B)(ii), 8 U.S.C. § 1227(a)(2)(B)(ii). 

[1075] 42 CFR § 34.2(g) (as amended by May 31, 1991 interim rules, 56 Fed. Reg. 25000), reported on and reproduced in Interpreter Releases, (June 3, 1991 and June 17, 1991).

[1076] 42 CFR § 34.2(h) (as amended by May 31, 1991 interim rules, 56 Fed. Reg. 25000), reported on and reproduced in Interpreter Releases, (June 3, 1991 and June 17, 1991).

[1077]  See Matter of KCB, 6 I. & N. 374 (BIA 1954) holding that conviction under what is now California Health & Safety Code § 11550 (use or under the influence) does not necessarily show addiction.