Safe Havens

(A)  Elements of this Ground of Deportation.   A noncitizen is deportable who suffers a final conviction at any time of a violation of, or conspiracy or attempt to violate, any offense under chapter 37 of title 18 of the United States Code (relating to espionage),[1426] for which a term of five or more years may be imposed.[1427]  The elements of this ground of deportation are:

(1)  a conviction

(2)  that is a final conviction

(3)  of a substantive violation, or conspiracy or attempt to violate

(4)  an offense listed in Chapter 37, of title 18, United States Code

(5)  “(relating to espionage).”

This includes convictions of violating 18 U.S.C. § §

792 (harboring or concealing person who has committed or is about to commit a violation of 18 U.S.C. § § 793 (gathering, transmitting, or losing defense information), or 794 (same to aid a foreign government) is punishable by up to 10 years);

793 (gathering, transmitting, or losing defense information is punishable by up to 10 years);

794 (same to aid a foreign government punishable by death or life); and

798 (disclosure of classified information is punishable by up to 10 years).

[1426] Chapter 37 is entitled “Espionage and Censorship,” suggesting it contains offenses related to those two topics.  The deportation provision, however, specifies only those offenses contained in Chapter 37 “(relating to espionage).”  This would seem to exclude offenses within the chapter relating to censorship but not espionage.  But see N. Tooby, Criminal Defense of Immigrants § 6.24 (2003).

[1427] INA § 237(a)(2)(D)(i), 8 U.S.C. § 1227(a)(2)(D)(i).