Criminal Defense of Immigrants

(F)  Terrorism.  Any noncitizen who has engaged, is engaged, or at any time after admission engages in any terrorist activity is deportable.[135]  NOTE:  No conviction is required to establish this ground of deportation.

8 U.S.C. § 1182(a)(3)(B)(iii) provides: “[T]he term ‘terrorist activity’ means any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:  . . .  (V)  The use of any – . . . (b) explosive or firearm (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.”  This expansive definition appears to class as “terrorist activity” any unlawful activity “which involves . . . [t]he use of any . . . explosive or firearm (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of [any] individual[] or to cause substantial damage to property.”[136]

[135] INA § 237(a)(4)(A)(iii), 8 U.S.C. § 1227(a)(4)(A)(iii); INA § 212(a)(3)(B)(iii), 8 U.S.C. § 1182(a)(3)(B)(iii) provides: “[T]he term ‘terrorist activity’ means any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:  (I)  The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).  (II)  The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained).   (III)  A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of Title 18) or upon the liberty of such a person.  (IV)  An assassination.  (V)  The use of any – (a) biological agent, chemical agent, or nuclear weapon or device, or (b) explosive or firearm (other than for mere personal monetary gain), [all of the above (I) through (V)] with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.”

[136] INA § 212(a)(3)(B)(iii)(V)(b), 8 U.S.C. § 1182(a)(3)(B)(iii)(V)(b).