Analysis

Under existing federal law, people who are applying for visas or to become lawful permanent residents or citizens already face extreme bars based on interaction with the criminal legal system. If a person has any of a wide range of criminal convictions, arrests, or sometimes even if the government just has “reason to believe” they have committed certain crimes, they are disqualified and are not be allowed to immigrate or to attain status. For example, currently anyone with any drug offense is typically ineligible for a green card, even if they are otherwise entitled to one, as is anyone with (with one small exception) a conviction for any “crime involving moral turpitude” — a broad definition that can include shoplifting. These exclusions double down on racism in the criminal legal system; doubly punish people; undermine reforms to the criminal legal system; and make getting lawful status harder for everyone. Unfortunately, instead of undoing the law’s current criminal bars, the citizenship bills that have been introduced add more bars that further entrench this punitive approach. If passed, all of these bills will disqualify many thousands of our community members, leaving them vulnerable to detention and deportation.