What specific crimes constitute aggravated felonies for green card deportation?
Executive summary
Aggravated felonies are a broad, statutory list in the Immigration and Nationality Act that make lawful permanent residents deportable and bar them from most relief; Congress’s list (8 U.S.C. §1101(a)) covers many drug offenses, theft/fraud with loss over $10,000, certain violent crimes, sexual abuse of a minor, and many federal statutes — and additions apply retroactively [1] [2] [3]. Federal law states plainly that “Any alien who is convicted of an aggravated felony at any time after admission is deportable” [4].
1. What “aggravated felony” means in immigration law — a statutory blacklist
The term “aggravated felony” is not a single criminal concept but a list Congress placed in the INA; immigration authorities treat convictions that fall on that list as automatic grounds for deportation and as disqualifiers for most forms of relief [2] [5]. Legal guides and practitioner resources underscore that the INA’s list is expansive and can sweep in offenses that may have been misdemeanors under state law or not labeled “aggravated” at the time of conviction [2] [6].
2. Core categories repeated across reputable summaries
Common categories repeatedly identified by legal organizations include many drug crimes, crimes of violence, certain theft and fraud offenses (often conditioned on a monetary loss threshold—commonly cited as $10,000), sexual abuse of a minor, and trafficking or firearms offenses; both federal and state convictions can qualify [3] [2] [1]. Practical guides stress that the list expressly references a mix of generic crimes (e.g., murder, rape) and specific federal statutes, making the definition highly fact-dependent [2].
3. Retroactivity and the high stakes for lawful permanent residents
Because Congress can add crimes to the INA list, courts and advocates note that additions generally apply retroactively: a lawful permanent resident convicted before an offense was labeled an aggravated felony can nevertheless face removal when Congress later adds that offense [3] [5]. The immigration consequences are severe: deportability, near-certain ineligibility for relief such as cancellation of removal, and permanent inadmissibility after removal [5] [6] [7].
4. Why counting the offense is complicated — legal tests and thresholds
Authoritative primers warn that determining whether a conviction is an aggravated felony requires comparing the elements of the criminal statute of conviction to the INA definition and, for some offenses, assessing factual predicates like monetary loss (often cited as the $10,000 threshold) or sentence length — a process that often demands legal analysis rather than a plain reading of the charge label [2] [3]. Practitioners emphasize that a state misdemeanor can sometimes “match” an aggravated felony for immigration purposes depending on statutory elements and sentencing [6] [2].
5. Practical consequences highlighted by legal organizations
Legal help organizations and immigration analysts stress dual consequences: removal proceedings and loss of relief options inside immigration court, plus longer criminal-law consequences such as enhanced penalties for illegal reentry after removal when the prior removal was for an aggravated felony [1] [5]. Consumer-facing legal sites reiterate that an aggravated-felony finding typically ends most paths to stay in the U.S., including asylum and cancellation of removal [5] [8].
6. Disagreement, ambiguity, and where reporting is silent
Sources agree the statutory list is wide and that consequences are severe; they diverge only in emphasis — advocacy groups stress the retroactive injustice and harshness [3] [5], while legal-advice outlets focus on practical classification rules and defense strategies [6] [8]. Available sources do not mention a single, exhaustive checklist in plain language here — the full, authoritative list is in the INA at 8 U.S.C. §1101(a) and in the deportability provision at 8 U.S.C. §1227, which the House codification page summarizes as making aggravated-felony convictions deportable [4] [1].
7. What readers should do next
Because classification turns on statute text, elements, loss thresholds, and sentencing, and because consequences are effectively dispositive for relief, consult an immigration attorney to analyze the exact conviction and charging statute; consumer guides and legal clinics provide overviews but warn that individualized legal analysis is required [2] [6]. For policy context and lists, start with the INA provisions cited in legal summaries and advocacy reports [1] [3].
Limitations: this account synthesizes the provided legal summaries and practice guides but does not quote the full statutory text of 8 U.S.C. §1101(a); readers should consult the statute and an attorney for case-specific determinations [1] [4].