Here's a question I can't find an adequate answer to. If someone comes to the United States and engages in prostitution, or manages a prostitution business or procures prostitutes, they can be deported under something known as an act of Moral Turpitude.
But here's what isn't clear: If a guy gets caught having sex with a prostitute ... like at an AMP, are they also subject to deportation?
The answer is, it depends.
depends on the actual conviction. "procuring a prostitute"is a basis for deportation but there is a defense against deportation on that ground.
and then you can become a Republican and go on a regular crime spree.
Anything else is much too complicated to explain.
8 USC § 1227(a)(2)(A)(i) deports any aliens who commits a crime of moral turpitude that is punishable by more than one year incarceration, what is usually considered a felony. Prostitution and solicitation of prostitution in most jurisdictions is a misdemeanor, punishable by one year or less, so a guy caught having sex with a prostitute shouldn't be subject to deportation.
On a related note, 8 USC 1182(a)(2)(D) prohibits admission into the United States of anyone who has committed or will commit prostitution or some act relating to the prostitution. So a man caught having sex with a prostitute who then leaves the United States won't be able to re-enter.
maybe this is painfully obvious but the key language is "any alien." I'm pretty sure we don't deport U.S. Citizens. They just get good old-fashioned criminal prosecution.
in practice, the old Cheech & Chong movie "Born in East LA" actually can happen. I've seen it about 3X.
The good news is that it can be fixed. The bad news is that it's an expenisve PITA.
crimes must be either committed within a certain time of entry, OR be the 2nd CMT (para ii). IOW, any 2nd strike, and he's out regardless.
And it's not so much that they won't let them back in, as that they will stick them in proceedings, THEN deport them.
I realize I'm probably preaching to the choir, but this illustrates (if our correspondent is listening and cares) why people should just take their papers and consult with a competent local lawyer.
I know two favorites who have been busted for various crimes relating to the biz, and are also aliens with green cards.
They continue to travel back and forth to the US pretty freely, so I would surmise from this that, knock on wood, the INS is not cracking down too hard on this.
(Still not a lawyer.)
and I know many more than 2 people who have been busted at the airport on convictions that vary widely in age and nature.
The deal is, if CBP is aware (and they are getting more aware daily) of an old conviction that is a basis for inadmissibility or deportability, they will arrest at the port of entry.
It might be very smart for them to take their records around to a lawyer and get an opinion.
ALSO - green cards are supposed to be valid 10 years on their face. Anybody traveling will get old editions picked up (normally, as if there is anything normal about this).
When the time comes to renew the card, they run fingerprint checks. If a potentially deportable crime comes up, they ask you to bring your records in, and arrest you if it is in fact deportable.
I know some of those, too.
It's not like 20 years ago, when you could do years in the state pen, and they'd never notice when you were released.
The moral of the story is, you need to wait 5 years & swear allegiance to the USA before you go on any crime sprees.
-- Modified on 11/12/2006 7:39:26 PM
http://caselaw.lp.findlaw.com/data2/circs/9th/0471926p.pdf
not so much that prostitution is not a CMT, but more that a Hawaiian conviction could be anything.
Once again, a good reason to find a good local lawyer.