Speech #1040274105

To qualify for section 212(c) or analogous relief. despite the existence of a criminal conviction. an alien will have to show substantial benefits this county from granting the reliefnot the potential hardship to the alien from not granting relief. I understand your concern that relief under this section will not be so limited. since it has not been so limited in practice in the past. We believed. however. that passage of the Antiterrorism and Effective Death Penalty Act sufficiently demonstrated the Congress serious concern about the abuse of section 212(c). that we could expect Immigration Judges to begin using their discretion under section 212(c) more judiciously. As you know. the Terrorism Act eliminated 212(c) relief for virtually any alien who had been convicted of any crime. including some misdemeanors. Several members believed that only by eliminating Immigration Judges discretion to grant section 212(c) relief to criminal aliens altogether could we prevent section 212(c) from being used to grant relief too freely. The prevailing view was that the Terrorism Act sent a clear message that section 212(c) was being abused. and that Immigration Judges could be expected to respond to that message and take a hard look at 212(c) relief. The partial restoration of section 212(c) relief for aliens who have not committed aggravated felonies will test that theory.