Immigration Article of the Day: Reforming the "Aggravated Felony" Category in U.S. Immigration Law: Toward Proportionality, Justice, and Due Process by Rajeev Meena

Reforming the "Aggravated Felony" Category in U.S. Immigration Law: Toward Proportionality, Justice, and Due Process by Rajeev Meena

Abstract

The "aggravated felony" definition of the U.S. Immigration and Nationality Act (8 U.S.C. S 1101(a)(43)) has evolved from the narrow definition of serious crimes to a broad mechanism that requires deportation for minor offenses and offenses that do not involve violence. This paper critically discusses the statutory expansion, judicial constructions, and human rights implications of the category by referencing such landmark Supreme Court decisions as Lopez v. Gonzales, Gersa Vidal Carachuri-Rosendo v. Holder, and Moncrieffe v. Holder. It makes the case for how the current framework violates the principles of proportionality, due process, and obligations under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. Models in line with countries such as Canada's Immigration and Refugee Protection Act and the United Kingdom's Borders Act 2007 are found to be more balanced. The paper suggests legislative and administrative reforms focused on precision, discretion, and humanitarian review to bring U.S. immigration law into constitutional and global compliance with justice generally.