REVISION OF GROUNDS FOR DEPORTATION.

SEC. 602. REVISION OF GROUNDS FOR DEPORTATION. (a) Revised Grounds for Deportation.— Subsection (a) of section 241 (8 U.S.C. 1251) is amended to read as follows: “(a) Classes of Deportable Aliens.— Any alien (including an alien crewman) in the United States shall, upon the order of the Attorney General, be deported if the alien is deportable as being within one or more of the following classes of aliens: “(1) Excludable at time of entry or of adjustment of status or violates status.— 104 STAT. 5078 “(A) Excludable aliens.— Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens excludable by the law existing at such time is deportable. “(B) Entered without inspection.— Any alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this Act or any other law of the United States is deportable. “(C) Violated nonimmigrant status or condition of entry.— “(i) Nonimmigrant status violators.— Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248, or to comply with the conditions of any such status, is deportable. “(ii) Violators of conditions of entry.— Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 212(g) is deportable. “(D) Termination of conditional permanent residence.— “(i) In general.— Any alien with permanent resident status on a conditional basis under section 216 (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 216A (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such section is deportable. “(ii) Exception.— Clause (i) shall not apply in the cases described in section 216(c)(4) (relating to certain hardship waivers). “(E) Smuggling.— “(i) In general.— Any alien who (prior to the date of entry, at the time of entry, or within 5 years of the date of entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable. “(ii) Waiver authorized.— The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. “(F) Failure to maintain employment.— Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 210A who fails to meet the requirement of section 210A(d)(5)(A) by the end of the applicable period is deportable. 104 STAT. 5079 “(G) Marriage fraud.— An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(5)(C)(i)) and to be in the United States in violation of this Act (within the meaning of subparagraph (B)) if— “(i) the alien obtains any entry into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such entry of the alien and which, within 2 years subsequent to any entry of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or “(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s entry as an immigrant. “(H) Waiver authorized for certain misrepresentations.— The provisions of this paragraph relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (6) or (7)) who— “(i) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and “(ii) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation. A waiver of deportation for fraud or misrepresentation granted under this subparagraph shall also operate to waive deportation based on the grounds of inadmissibility at entry directly resulting from such fraud or misrepresentation. “(2) Criminal offenses.— “(A) General crimes.— “(i) Crimes of moral turpitude.— Any alien who— “(I) is convicted of a crime involving moral turpitude committed within five years after the date of entry, and “(II) either is sentenced to confinement or is confined therefor in a prison or correctional institution for one year or longer, is deportable. “(ii) Multiple criminal convictions.— Any alien who at any time after entry is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of104 STAT. 5080 whether confined therefor and regardless of whether the convictions were in a single trial, is deportable. “(iii) Aggravated felony.— Any alien who is convicted of an aggravated felony at any time after entry is deportable. “(iv) Waiver authorized.— Clauses (i), (ii), and (iii) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States. “(B) Controlled substances.— “(i) Conviction.— Any alien who at any time after entry has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable. “(ii) Drug abusers and addicts.— Any alien who is, or at any time after entry has been, a drug abuser or addict is deportable. “(C) Certain firearm offenses.— Any alien who at any time after entry is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying in violation of any law, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) is deportable. “(D) Miscellaneous crimes.— Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy to violate— “(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18, United States Code, for which a term of imprisonment of five or more years may be imposed; “(ii) any offense under section 871 or 960 of title 18, United States Code; “(iii) a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or “(iv) a violation of section 215 or 278 of this Act, is deportable. ‘(3) Failure to register and falsification of documents.— “(A) Change of address.— An alien who has failed to comply with the provisions of section 265 is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful. “(B) Failure to register or falsification of documents.— Any alien who at any time has been convicted— “(i) under section 266(c) of this Act or under section 36(c) of the Alien Registration Act, 1940, 104 STAT. 5081 “(ii) of a violation of, or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or “(iii) of a violation of, or a conspiracy to violate, section 1546 of title 18, United States Code (relating to fraud and misuse of visas, permits, and other entry documents), is deportable. “(4) Security and related grounds.— “(A) In general.— Any alien who has engaged, is engaged, or at any time after entry has engaged in— “(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, “(ii) any other criminal activity which endangers public safety or national security, or “(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is deportable. “(B) Terrorist activities.— Any alien who has engaged, is engaged, or at any time after entry has engaged in any terrorist activity (as defined in section 212(a)(3)(B)(iii)) is deportable. “(C) Foreign policy.— “(i) In general.— An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable. “(ii) Exceptions.— The exceptions described in clauses (ii) and (iii) of section 212(a)(3)(C) shall apply to deportability under clause (i) in the same manner as they apply to excluability under section 212(a)(3)(C)(i). “(D) Assisted in nazi persecution or engaged in genocide.— Any alien described in clause (i) or (ii) of section 212(a)(3)(E) is deportable. “(5) Public charge.— Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.”. (b) Conforming Amendments to Section 241.— (1) Subsections (b), (c), (f), and (g) of section 241 are repealed. (2) Subsection (e) of such section is amended— (A) by striking “subsection (a) (6) or (7) of this section” and inserting “paragraph (4) of subsection (a)”, and (B) by redesignating such subsection as subsection (b). (c) Savings Provision.— Notwithstanding the amendments made by this section, any alien who was deportable because of a conviction (before the date of the enactment of this Act) of an offense referred to in paragraph (15), (16), (17), or (18) of section 241(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act, shall be considered to remain so deportable. Except as otherwise specifically provided in such section and subsection (d), the provisions of such section, as amended by this section, shall apply to all aliens described in subsection (a) thereof notwith-104 STAT. 5082standing that (1) any such alien entered the United States before the date of the enactment of this Act, or (2) the facts, by reason of which an alien is described in such subsection, occurred before the date of the enactment of this Act. (d) Effective Date.— The amendments made by this section, and by section 603(b) of this Act, shall not apply to deportation proceedings for which notice has been provided to the alien before March 1, 1991.