Safe Havens

(C)  Non-Substantive Offense Safe Havens.  This ground of deportation specifically includes “a conspiracy or attempt to violate [a listed offense].” [1429]  Congress by expressly including these two non-substantive offenses of attempt and conspiracy, in effect excluded all other non-substantive offenses, such as aiding and abetting, accessory after the fact, misprision of a felony, solicitation, and other non-substantive offenses as generally applicable to all the listed offenses in this ground of deportation.  See § § 7.8-7.13, supra.

      The deportation ground originally listed substantive offenses, and conspiracy to commit the substantive offenses.  The word “attempt” was not added until 1991.[1430]  Therefore, a conviction of attempt prior to the 1991 addition of attempt arguably is not included in this ground of deportation.  See § 7.178, supra.

      Congress, however, specifically included 18 U.S.C. § 792 (harboring or concealing person who has committed or is about to commit a violation of 18 U.S.C. § § 793 (gathering, transmitting, or losing defense information), and 794 (same to aid a foreign government).  Thus, it included accessory after the fact and misprision of a felony offenses, but only as to violations of 18 U.S.C. § § 793 (gathering, transmitting, or losing defense information), and 794 (same to aid a foreign government).  Therefore, accessory after the fact and misprision of a felony convictions as to other included offenses are not listed as deportable convictions under this ground of deportation.

[1429] Ibid.

[1430] Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA), Pub. L. No. 102-232, § 307(h)(7), 105 Stat. 1733, 1756.