In the wake of 9/11, the Department of Homeland Security's Immigration and Customs Enforcement (ICE) heightened its commitment to the removal of non-citizens. As the culture of criminalization of immigrants expanded, so did the government's definition of a removable offense, or "aggravated felony." Under current immigration law, longtime legal residents are mandatorialy deported for relatively minor crimes such as shoplifting. The law leaves little room for judges to exercise their discretion and consider an individual's particular circumstances. NIJC's impact litigation has attempted to limit the interpretation of the aggravated felony definition and reduce the immigration effects of minor criminal convictions.

Atunnise v. Mukasey - This case expanded the waiver availability and the discretionary ability of immigration judges to grant relief in cases involving past fraud.

Outside Resources:

New York State Defenders: Retroactivity

American Immigration Law Foundation on Drug Possession 

National Immigration Project: Removal Defense Checklist (Microsoft Word Document) 

National Immigration Project Chart on Federal Convictions (Microsoft Word Document)

National Immigration Project Chart for Illinois (Microsoft Word Document) 

Immigrant Legal Resource Center Chart for California (PDF File) 

Immigrant Legal Resource Center Information for Arizona  

National Legal Aid & Defender Association: Defender Resources