Safe Havens

(A)  Elements of the Category.  Any noncitizen who: “(prior to the date of entry, at the time of any entry, or within five years of the date of any entry, knowingly has encouraged, induced, assisted, abetted, or aided any other noncitizen to enter or to try to enter the United States in violation of law is deportable.”[1352] 

The elements of this ground of deportation are:

(1) conduct that

(2) knowingly encouraged, induced, assisted, abetted, or aided

(3) any other noncitizen

(4) to enter or try to enter the United States

(5) in violation of law

(6) before entry, or at entry, or within five years after any entry.

NOTE: No conviction is required to establish this ground of deportation.  Therefore, proof of the conduct[1353] or an admission of the conduct by the noncitizen is sufficient to establish this ground of deportation.[1354]

            Prior to November 29, 1990, this deportation ground required that the smuggling had to be committed “for gain.”  The Immigration Act of 1990, however, eliminated that requirement and left the ground in its present form.

[1352] INA § 237(a)(1)(E)(i), 8 U.S.C. § 1227(a)(1)(E)(i).

[1353] Reyes v. Neely, 228 F.2d 609, 611 (5th Cir. 1956).

[1354] Matter of Vargas-Banuelos, 13 I. & N. Dec. 810 (BIA 1971).