Speech #1040201937

Mr. President. under Title 8 of the U.S. Code. a number of criminal offenses are deemed deportable offenses. However. although aliens are deportable for criminal offenses. there are a number of crimes that should be grounds for deportation that are left unaddressed. and the wording of the statute itself uses vague language like crimes of moral turpitude that lack the certainty we should desire. The amendment offered by Senator COVERDELL and myself seeks to remedy this problem by making clear that our society will not tolerate crimes against women and children. The criminal law should be a reflection of the best of our values. and it is important that we not only send a message that we will protect our citizens against these assaults. but that we back it up as well. Under our amendment. certain criminal offenses would be grounds for deportation. These offenses include: conviction of a crime of domestic violence. violation of a Judicial protection order in a domestic violence context. conviction for stalking. conviction for child abuse. child sexual abuse. child neglect. or child abandonment. and conviction of rape. aggravated sodomy. aggravated sexual abuse. sexual abuse. abusive sexual contact. or other crimes of sexual violence. cImS or DOMESTIC vIOLENcE Adding these additional and specified categories of offenses closes the existing loopholes. Many crimes. ranging from simple assault to murder can be committed in a domestic violence context. Simple assault or assault and battery are not necessarily going to be interpreted as crimes of moral turpitude. Yet. because they may not otherwise fall within the other definitions--such as an aggravated felonyof deportable offenses. an alien convicted of such a crime might not be deported. Our amendment would cover all convictions for domestic violence offenses. including those for which a sentence of less than 1 year is available. vIOLATION or A PROTECTIVE ORDER In many States. protective orders in domestic violence situations have been ineffective due to problems with enforceability and insufficient penalties for violations. This is undoubtedly one reason all 50 States have passed antistalking legislation. Greater attention to the problem has influenced a number of States to make violation of a protective order a separate criminal offense. However. making violation of a protective order a grounds for deportation will put more teeth into such an order. The amendment does not require a conviction of violating protection order and thus would cover violations even in States where violating an order is not a separate criminal offense. This is an important loophole that must be closed.