Safe Havens

A noncitizen with a final conviction at any time of a violation of, or conspiracy or attempt to violate, any offense under 18 U.S.C., chapter 115 (relating to treason and sedition),[1507] for which a term of five or more years may be imposed, is deportable.[1508]

This includes convictions of violating 18 U.S.C. § §

2381 (treason, which consists in levying war against the United States, or adhering to its enemies, giving them aid and comfort is punishable by death);

2382 (misprision of treason, i.e., knowing of treason and failing to disclose it is punishable by up to seven years);

2383 (inciting any rebellion or insurrection against the authority of laws of the U.S., or giving aid or comfort thereto is punishable by up to 10 years);

2384 (seditious conspiracy to overthrow by force the U.S. government or to conspire by force to prevent, hinder or delay the execution of any law of the United States is punishable by up to 20 years);

2385 (advocacy of the violent overthrow of the U.S. government or assassination of any U.S. government officer, or publication of any writing advocating forcible overthrow of the government, or organizing any group that advocates the violent overthrow of the government is punishable by up to 20 years);

2386 (failing to register, or making a false statement in registration materials, of any organization (a) that proposes to overthrow the U.S. government and receives aid from a foreign government, or (b) that proposes to overthrow the U.S. government and engages in civilian military activity; or (c) that receives foreign support and engages in civilian military activity; or (d) one purpose of which is the forcible overthrow of the government, is punishable by up to five years);

2387 (advising or causing insubordination in military with intent to reduce morale, or distributing such writings is punishable by up to 10 years);

2388 (during wartime, making a false statement with intent to interfere with U.S. military success or cause insubordination is punishable by up to 20 years);

2389 (recruiting soldiers to engage in armed hostilities against the United States is punishable by up to five years).

[1507] Chapter 115 is entitled “Treason, Sedition, and Subversive Activities.”  The deportation provision specifies only those offenses contained in Chapter 115 “(relating to treason and sedition).”  This would seem to exclude offenses within the chapter that do not relate to treason or sedition.  But see § 7.17, supra.

[1508] INA § 237(a)(2)(D)(i), 8 U.S.C. § 1227(a)(2)(D)(i).