Criminal Defense of Immigrants

Any noncitizen is deportable who “has engaged, is engaged, or at any time after admission engages in” any activity to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information.[171]  

                This includes any activity to violate or evade the following laws:

            22 U.S.C. § 2778(c) (exporting defense articles or services without a license or making a material false statement or omission in a related document, punishable by up to 10 years in custody).

22 U.S.C. § 2280(j) (exporting munitions to countries supporting acts of international terrorism, punishable by up to 10 years in custody).

50 U.S.C. App. § 2410(a) (knowingly violating, attempting or conspiring to violate 50 U.S.C. App. § § 2401-2420 or any regulation thereunder, punishable by five years and fine).

50 U.S.C. App. § 2410(b)(1) (willfully violating, attempting or conspiring to violate 50 U.S.C. App. § § 2401-2420 or any regulation thereunder, with knowledge that exports involved will be used for the benefit of any country to which exports are controlled for foreign policy purposes, punishable by 10 years and fine).

50 U.S.C. App. § 2410(b)(2) (licensee willfully failing to report use of export in violation of conditions of license, punishable by five years and fine).

50 U.S.C. App. § 2410(b)(3) (possessing any goods or technology with intent to export them in violation of an export control imposed under 50 U.S.C. App. § 2404 or any regulation issued with respect to it, or knowing or having reason to believe the goods or technology would be so exported, punishable by 10 years and fine).

50 U.S.C. App. § 2410(b)(3) (possessing any goods or technology with intent to export them in violation of an export control imposed under 50 U.S.C. App. § 2405 or any regulation issued with respect to it, or knowing or having reason to believe the goods or technology would be so exported, punishable by five years and fine).

50 U.S.C. App. § 2410(b)(4) (acting with intent to evade 50 U.S.C. App. § § 2401-2420 or any regulation thereunder, punishable by five years and fine, except to evade an export control imposed under § § 2404-2405 is punishable by 10 years and fine).

This ground of deportation, however, does not include activities in violation of laws restricting the importation of anything into the United States.

[171] INA § 237(a)(4)(A)(i), 8 U.S.C. § 1227(a)(4)(A)(i).