The pending amendment specifies that a person who has committed a felony or three or four misdemeanors would be ineligible to participate in the program. The Senator from Illinois knows that under existing law people convicted of crimes of moral turpitude. certain drug offenses. and other multiple crimes are already prohibited from participating in the program. But I ask the chairman of the committee if I may lay this predicate for the question: The INS Attorney Manual provides Department of Homeland Security attorneys with random examples of crimes that have been held not to be crimes of moral turpitude by the Board of Immigration Appeals and. therefore. whether this sample list of crimes would be excluded from the bill that came out of the Judiciary Committee and. therefore. people who have committed crimes such as this would still be eligible to participate in the program and be put on the path to citizenship. The sample includes burglary. loan sharking. involuntary manslaughter. assault and battery. possession of an unregistered sawedoff shotgun. riot. kidnaping. certain types not involving ransom. making false statements to a U.S. agency. contributing to the delinquency of a minor. abandonment of a minor child. alien smuggling. reentry after deportation. draft evasion. desertion from the Armed Forces. contempt of Congress. and contempt of court. Many of these decisions. according to the manual. involve fines. distinctions of the technical element of state or foreign companies and sometimes crimes which are defined as crimes of moral turpitude. That list goes to the specific crimes in the statute.
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