Aggravated Felonies

The Anti-Drug Abuse Act of 1988,[13] added INA § 101(a)(43), [14] which defined an aggravated felony to include:

(a)    Murder;

(b)    Any drug trafficking crime as defined in 18 U.S.C. § 924(c) or Section 102 of the Controlled Substances Act; and  

(c)    Any illicit trafficking in any firearms or destructive devices as defined in 18 U.S.C. § 921.

These offenses, for the most part, include truly aggravated felonies, more deserving of harsh treatment than other less serious convictions.  This statute also created a new ground of deportation for a noncitizen convicted of an aggravated felony at any time after entry.[15]

            Even so, it treats as deportable such minor offenses as first offense simple possession of a very small quantity of drugs so long as they are considered felonies subject to a maximum greater than one year in prison, minor trafficking offenses such as sale of one marijuana cigarette to a college roommate or growing one small marijuana plant for personal use, and misdemeanor assault or theft with a one-year suspended sentence.

[13] Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, 102 Stat. 4181 (Nov. 18, 1988).

[14] Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, § 7341, 102 Stat. 4181 (Nov. 18, 1988).

[15] Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, § 7344, 102 Stat. 4181 (Nov. 18, 1988), amending former INA § 241(a), 8 U.S.C. § 1251(a).