Though permanent US residents for decades, they could be deported under ‘CIMT’ rules
Manila: Lewelyn Dixon, a 64-year-old Filipina who has been a US resident for 50 years, was detained by Immigration and Customs Enforcement (ICE) upon returning from a visit to the Philippines.
US media reported that Dixon immigrated to the US at the age of 14 and has held a green card since then.
She’s one of at least two Filipino US green card holders currently facing deportation.
Why? Due to past convictions classified as "crimes involving moral turpitude" (CIMTs) under the Immigration and Nationality Act (INA).
Dixon, who lives in Edgewood, Pierce County, works as a lab technician at UW Medicine. She was detained on February 28 at Seattle-Tacoma International Airport after returning from a trip to the Philippines, according to family members.
It turns out green card holders could be detained over nonviolent offenses from decades ago, or their youth.
Dixon’s detention was linked to a 2001 embezzlement conviction, which is considered a CIMT under US immigration law, as per Immigrant Legal Resource Center.
Dixon did not serve active jail time and has had no other convictions since then.
However, the 1996 Illegal Immigration Reform and Immigrant Responsibility Act expanded the list of deportable offenses, making it possible for green card holders to be deported for a single CIMT conviction.
Dixon's attorney noted that at the time of her conviction, there was no legal obligation to inform defendants of the potential immigration consequences of pleading guilty to such offenses.
Maximo Londonio, 42, immigrated to the US at the age of 12.
He holds a green card holder and resides in Olympia, Washington. Upon returning from a family vacation in the Philippines to market his 20th wedding anniversary, he also detained by US Customs and Border Protection (CBP) at Seattle-Tacoma International Airport upon arrival on May 15.
Londonio, a father of three working in the airline industry, has been described as a lawful permanent resident for over 30 years.
His detention was reportedly due to a 2002 conviction that falls under the category of CIMTs.
Despite the conviction being over two decades old, US immigration law allows for the detention and potential deportation of lawful permanent residents based on such offenses.
The Philippine Consulate has been in contact with Londonio, and his case has drawn attention to the challenges faced by green card holders with past convictions.
These cases underscore the stringent immigration laws that can affect lawful permanent residents, even for offenses committed decades ago.
In a statement, the US Customs and Border Protection (CPB) told the Inquirer: “As part of CBP’s national security mission, officers routinely determine the admissibility of foreign nationals using longstanding US immigration law. Lawful permanent residents convicted of offenses considered to be crimes involving moral turpitude, including aggravated felonies, can legally lose their status and be removed. Crimes involving moral turpitude include offenses such as grand theft and the use or distribution of controlled substances.”
CBP added that “federal privacy restrictions prohibit CBP from discussing specifics of most travelers’ admissibility inspection, but this much we can confirm."
What the US immigration law says about “green card” holders
The US Immigration and Nationality Act (INA), passed in 1952, is the foundational federal law governing immigration and nationality in the United States.
It and has been amended numerous times since, forming the basis for how the US handles immigration.
In essence, the INA provides the legal framework for regulating immigration and determining who can become a US citizen.
The Immigration and Nationality Act (INA) lays out a detailed set of visa ineligibilities — legal reasons why someone may be denied entry.
Framework for immigration
The INA sets the general rules for who can enter the US, under what conditions, and the types of visas available.
Visa categories
It outlines different visa categories, including those for family members of US citizens, immigrants with specialised skills, and refugees.
Citizenship
The INA also defines the requirements for naturalisation (becoming a US citizen).
Immigration quotas
It establishes numerical limits on the number of visas issued each year, with some exceptions for family members of U.S. citizens and legal permanent residents.
Visa ineligibilities and waivers
The INA specifies situations that make individuals ineligible for a visa, and in some cases, allows for waivers to be granted.
Removals
The INA outlines the process for removing individuals from the US who are deemed ineligible to remain.
However, US law also provides for waivers, or exceptions, that can allow certain individuals to enter the US despite being technically inadmissible.
Sign up for the Daily Briefing
Get the latest news and updates straight to your inbox