Criminal Defense of Immigrants

(B) Trafficking in Persons.  Any noncitizen “who is listed in a report submitted pursuant to section 7108(b) of Title 22, or who the consular officer or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of Title 22, is inadmissible.”[211]

                This ground, similar to the controlled substances “reason to believe” ground,[212] also includes any noncitizen who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible[,] except a son or daughter who was a child at the time s/he received the benefit described in such clause.”[213]

                The “reason to believe” analysis and burdens under this ground should be the same as for the “reason to believe” drug trafficking ground.  See § 21.6, infra.

The conduct covered under this ground of inadmissibility will likely also be considered a crime of moral turpitude,[214] an aggravated felony[215]  and trigger other grounds of deportability.[216]

[211] INA § 212(a)(2)(H)(i), 8 U.S.C. § 1182(a)(2)(H)(i).

[212] See § 21.7, supra.

[213] INA § 212(a)(2)(H)(ii)-(iii), 8 U.S.C. § 1182(a)(2)(H)(ii)-(iii).

[214] Cf. Matter of E, 1 I. & N. Dec. 505 (BIA 1951) (attempted compulsory prostitution).

[215] INA § 101(a)(43)(K)(i), 8 U.S.C. § 1101(a)(43)(K)(i) (owning, controlling managing, or supervising a prostitution business); INA § 101(a)(43)(K)(ii), 8 U.S.C. § 1101(a)(43)(K)(ii) (transportation for purposes of prostitution).  See § 19.82, infra.

[216] INA § 237(a)(2)(D)(iv), 8 U.S.C. § 1227(a)(2)(D)(iv). See § 17.22.