Aggravated Felony

In United States immigration law, the term aggravated felony refers to a broad category of crimes that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. When the category of "aggravated felonies" was added to the Immigration and Nationality Act in 1988, it encompassed only murder and trafficking in drugs or firearms. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) both tremendously expanded the category. AEDPA added crimes related to gambling and passport fraud; IIRIRA added a great many more crimes, including certain crimes of a sentence of at least a year regardless of whether the sentence had been suspended. Under present law, (a)(43), an aggravated felony includes any crime described on the following list:murder, rape, or sexual abuse of a minorillicit trafficking in a controlled substance, including a drug trafficking crimeillicit trafficking in firearms, destructive devices, or explosive materialsmoney laundering (see )certain explosives and firearms crimes (see , , and )"crimes of violence," as defined in , for which the sentence imposed was one year or greatertheft or burglary offenses, for which the sentence imposed was one year or greatermaking ransom demands (see et seq.)certain child pornography crimes (see )racketeering crimes, for which the sentence imposed was one year or greaterprostitution crimes, supervising prostitutes, or transporting persons across state lines for purposes of forcing them into prostitutiondisclosing national security informationfraud on another person or against the government, where the amount of loss exceeds $10,000alien smuggling illegally entering or reentering the United Statespassport fraud, for which the sentence imposed was one year or greaterfailing to report to serve a prison sentencebribery, counterfeiting, forgery, or trafficking in vehicles with altered identification numbersperjury, tampering with witnesses, or obstruction of justice, for which the sentence imposed was one year or greaterfailing to appear in court in relation to a criminal prosecution where the potential sentence is two years or moreany attempt or conspiracy to commit any of these offenses
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Murder, any illicit trafficking in any controlled substance, including any drug trafficking crime, or any illicit trafficking in any firearms or destructive devices, any offense described in section 1956 of title 18 (relating to laundering of monetary instruments), or any crime of violence (not including a purely political offense) for which the term of imprisonment imposed is at least 5 years, or any attempt or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence whether in violation of Federal or State law and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years. 8 U.S.C.