Safe Havens

A noncitizen is deportable who has suffered a final conviction at any time of a violation of, or conspiracy or attempt to violate, any offense under 18 U.S.C., chapter 105 (relating to sabotage), [1473] for which a term of five or more years may be imposed.[1474]

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. § §

            2152 (willful trespass on, injure, or interfere with operation of any harbor-defense system or knowingly, willfully, or wantonly violate any Presidential regulation governing persons or vessels within defensive sea areas is punishable by up to five years);

            2153 (destruction of war material, during war or national emergency, with intent to obstruct U.S. war efforts is punishable by up to 30 years);

            2154 (production of defective war material with intent to obstruct U.S. defense activities is punishable by up to 30 years);

            2155 (destruction of national defense material with intent to obstruct U.S. national defense is punishable by up to 10 years);

            2156 (production of defective national defense material with intent to obstruct U.S. national defense activities is punishable by up to 10 years).

[1473] Chapter 105 is entitled “Sabotage.”  The deportation provision specifies only those offenses contained in Chapter 105 “(relating to sabotage).”  This would seem to exclude offenses within the chapter that do not relate to sabotage.  In particular, violation of certain provisions of  18 U.S.C. § 2152 can be committed merely by trespassing upon forbidden areas, or violating any Presidential regulation governing defensive sea areas, without actually committing or attempting sabotage and without any intent to interfere with U.S. defense efforts.  Logically, these violations cannot be said to be “relating to sabotage,” and so should be excluded from this ground of deportation.  But see § 7.17, supra; N. Tooby, Criminal Defense of Immigrants § 6.24 (2003).

[1474] INA § 237(a)(2)(D)(i), 8 U.S.C. § 1227(a)(2)(D)(i).