Moral turpitude
Moral turpitude is a term used to describe behavior that significantly violates the accepted moral standards of a community, often evoking a sense of shock or disapproval. In the context of American immigration law, the term emerged in the Immigration Act of 1891, which allowed for the exclusion or deportation of individuals deemed to possess "low morals." The concept has roots in Middle English and Latin, where it refers to shameful or immoral conduct.
Legally, moral turpitude encompasses actions deemed inherently evil, rather than merely illegal, with examples including serious crimes like murder, fraud, and assault. Distinct from statutory definitions, the term lacks a clear legal framework, leading to potential subjective interpretations by immigration officials. This ambiguity has historically allowed for the exclusion of individuals engaging in consensual acts considered immoral by certain standards, such as substance abuse or sexual conduct. Overall, moral turpitude serves as a significant, albeit vague, criterion for assessing an individual's admissibility into the United States.
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Subject Terms
Moral turpitude
DEFINITION: Loosely defined term that is generally construed to encompass any behavior that gravely shocks or violates the sentiments or accepted standards of a community
SIGNIFICANCE: In American immigration law, the term “moral turpitude” first appeared in the Immigration Act of 1891, in which it was provided as a basis for excluding immigrants suspected of possessing low morals from entering the country or as grounds for deporting previously admitted immigrants.
The concept of “moral turpitude” can be traced to a Middle English expression term with Latin roots that means “shame” and connotes immoral behavior. In modern legal parlance, moral turpitude suggests behavior that is evil in and of itself and not merely because it is prohibited by law. For example, drunk driving is not a crime of moral turpitude, but drunk driving without a license is. An elusive concept related more to cultural concepts of sin than statutory law, moral turpitude is sometimes associated with the sins outlined in the Christian Bible's Old Testament’s Ten Commandments.
In Section 212(a) of the Immigration and Nationality Act (I.N.A.; or 8 U.S.C. § 1182a), the grounds for inadmissibility for American Visas and Green Cards are explained. Among the criteria are crimes of moral turpitude. However, the law fails to fully define the parameters of crimes that fit the moral turpitude classification. The ambiguity in the meaning of the term has allowed US immigration officers a wide latitude to exclude or deport persons whom they personally dislike, including those presumed to engage in victimless crimes, such as consensual sexual conduct and substance abuse. The definition generally used was developed from the opinions of members of the Board of Immigration Appeals. These crimes include but are not limited to murder, voluntary and involuntary manslaughter, most sex crimes (rape, incest, sexual assault, bigamy, and similar), spousal or child abuse, animal fighting, kidnapping, theft, fraud, conspiracy, and robbery.
For example, immigrants suspected of being homosexuals were usually rejected before 1973, when the American Psychiatric Association stopped classifying homosexuality as a mental disorder. However, gay people could still be excluded because the law allowed the exclusion of “psychopathic personalities” apart from crimes of “moral turpitude.”
Categories of Crimes
The term “moral turpitude” encompasses a wide variety of actual crimes, which fall under four headings:
- Crimes against property, such as fraud, robbery, and even shoplifting
- Crimes against government, most notably bribery, counterfeiting, and perjury
- Crimes against persons, including victimless offenses
- Aiding, abetting, or engaging in conspiracies to commit crimes of moral turpitude
The Immigration and Nationality Technical Corrections Act of 1994 increased the number of “aggravated felonies” that can provide grounds for deportation. In 1996, the law was amended to permit the attorney general of the United States to deport, without a prior hearing, any person convicted of any recent crime of “moral turpitude.”
Bibliography
Bray, Ilona. "What’s a Crime of Moral Turpitude According to U.S. Immigration Law?" NOLO, 7 Nov. 2024, www.nolo.com/legal-encyclopedia/what-s-crime-moral-turpitude-according-us-immigration-law.html. Accessed 10 Dec. 2024.
"Chapter 5 - Conditional Bars for Acts in Statutory Period." United States Citizenship and Immigration Services, 26 Nov. 2024, www.uscis.gov/policy-manual/volume-12-part-f-chapter-5. Accessed 10 Dec. 2024.
Freilich, Joshua D., and Graeme Newman, editors. Crime and Immigration. Ashgate, 2007.
"Moral Turpitude." Cornell Legal Information Institute, June 2020, www.law.cornell.edu/wex/moral‗turpitude. Accessed 10 Dec. 2024.
New York State Defenders Association. Representing Immigrant Defendants in New York. 6th ed., Author, 2017.
Weissbrodt, David, et al. Immigration Law and Procedure in a Nutshell. 8th ed., Thomson/West, 2023.