Safe Havens

(A)  Elements of this Ground of Deportation.  Any noncitizen whom the Secretary of Health & Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under the statute governing limitations on bond and admission of the mentally handicapped or ill, and those with tuberculosis[1391] is deportable.[1392]  NOTE: No conviction is required to establish this ground of deportation.  A person comes within this ground of deportation only if the Secretary of HHS certifies that s/he failed to comply with the conditions of an INA § 212(g) waiver.  There are no reported cases involving this ground of deportability.

            At the present time, this ground of deportation/removal is most likely to be invoked against the many persons who have been found excludable/inadmissible at the United States Consulate at Juarez, Mexico, due to minor alcohol-related criminal convictions and then were allowed to enter the United States as immigrants after receiving a waiver of excludability/inadmissibility. The granting of such waivers is generally contingent upon the person’s reporting to a treatment facility within 30 days after admission to the United States as a permanent resident. Failure to report will make the person deportable/removable. It remains to be seen whether the INS could sustain a charge of deportability/removability under this ground if the person did not fully understand the conditions of the waiver and therefore did not report to the facility as directed.[1393]

[1391] INA § 212(g), 8 U.S.C. § 1182(g).

[1392] INA § 237(a)(1)(C)(ii), 8 U.S.C. § 1227(a)(1)(C)(ii).

[1393] Helen A. Sklar, Stuart I. Folinsky, and Cora B. Tekach, Immigration Act of 1990 Today § 10.11 (October 2004).