This section has intentionally been left blank to allow for the inclusion of additional safe havens.  We welcome your suggestions, and will be happy to share them with others via future editions of this book and its monthly updates on http://www.CriminalAndImmigrationLaw.com.

 

Other

SAFE HAVENS " CRIMES OF MORAL TURPITUDE " DEPOSITING GOODS IN BUILDINGS NEAR THE U.S. BORDER
18 U.S.C. 547. Depositing goods in buildings on boundaries, punishes [w]hoever receives or deposits any merchandise in any building upon the boundary line between the United States and any foreign country, or carries any merchandise through the same, in violation of law This offense constitutes a regulatory offense, that is not a crime of moral turpitude. See N. TOOBY, ET AL., TOOBYS CRIMES OF MORAL TURPITUDE 8.22 (2008). There is nothing inherently evil about taking goods across a border in violation of an unspecified law.

SAFE HAVEN " CRIMES OF MORAL TURPITUDE " FALSE ID
18 U.S.C. 1028(a)(3) (knowingly possessing five or more identification documents with the intent unlawfully to use or transfer -- other than those issued lawfully for the use of the possessor, authentication documents or false identification documents). Immigration counsel can argue that this offense is not a crime of moral turpitude, along the following lines. If a person allows someone use his or her health insurance identification, so that they can be admitted to the hospital for a life-threatening emergency, but intends to pay the cost of the medical care, that would not involve moral turpitude. If the crime really has no element requiring intent to use at all, it might not be pure malum prohibitum, but it could be like the (non-CIMT) offense of mere possession of false documents addressed in Matter of Serna, 20 I. & N. Dec. 579 (BIA 1992), or the possession of burglary tools-is-not-a-CIMT case. Guarino v. Uhl, 107 F.2d 399 (2d Cir. 1939) (conviction of possession of burglary tools with intent to commit a crime, in violation of New York Penal Law 408, does not involve moral turpitude unless the record of conviction affirmatively shows that the particular crime the noncitizen intended to commit with the burglary tools found in his possession involves moral turpitude).

IMMIGRATION OFFENSES " SOCIAL SECURITY CARD IS NOT AN IDENTIFICATION CARD
United States v. Murillo, ___ F.Supp.2d ___, 2008 WL 697160 (N.D. Iowa Mar. 13, 2008) (a "social security card" does not constitute a "means of identification" within the meaning of 18 U.S.C. 1546(b) and 8 U.S.C. 1324a(b)); United States v. Tyson Foods, Inc., 258 F. Supp. 2d 809 (E.D. Tenn. 2003) (a "social security card" is not a "means of identification" within the meaning of 18 U.S.C. 1546(b), even if this creates a "loophole" or appears inconsistent with 18 U.S.C. 1546(a)).

SAFE HAVEN - KNOWINGLY POSSESS STOLEN OR FORGED ID DOCUMENT
A conviction of violating 18 U.S.C. 1028(a)(6) (knowingly possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority), may be a crime of moral turpitude for immigration purposes. There is, however, an argument a conviction for this offense is not a CMT, since there is no requirement of intent to use, and therefore no intent to defraud.  For example, possessing a counterfeit ID document for the purpose of turning it in to the government, or a museum that has several examples of counterfeit ID documents, would both be guilty, but this minimum conduct would not be CMT.