BE GONE Act Proposes Adding Sexual Assault to 'Aggravated Felony' List for Immigration Consequences

The 'Better Enforcement of Grievous Offenses by unNaturalized Emigrants Act,' or BE GONE Act, is a straightforward piece of legislation with a very specific goal: to amend U.S. immigration law. It proposes adding two serious crimes – sexual assault and aggravated sexual violence – to the definition of 'aggravated felony' found in Section 101(a)(43) of the Immigration and Nationality Act. Essentially, this change would mean that non-citizens convicted of these offenses could face more severe immigration penalties.

What's an 'Aggravated Felony' Anyway?

So, what's the big deal about being labeled an 'aggravated felony' under immigration law? It's a critical classification. As defined in 8 U.S.C. 1101(a)(43), an 'aggravated felony' isn't just any serious crime; it's a category of offenses that carries some of the harshest immigration consequences. For a non-citizen, including those with lawful permanent residency (like Green Card holders), a conviction for an aggravated felony can automatically trigger deportation proceedings and make it extremely difficult, if not impossible, to fight removal or seek any form of relief to stay in the U.S.

Expanding the List: What the BE GONE Act Changes

The BE GONE Act, through its Section 2, wants to broaden this critical list. If this bill becomes law, sexual assault and aggravated sexual violence would officially join the ranks of crimes considered aggravated felonies specifically for immigration purposes. This means that a conviction for either of these offenses, whether in federal or state court, would automatically classify the individual under this more severe immigration category. The act itself is short and to the point, focusing solely on this definitional change.

The Real-World Ripple Effect

What does this mean for people on the ground? The most direct impact would be on non-citizens who are convicted of sexual assault or aggravated sexual violence. If this bill passes, such a conviction would likely lead to mandatory detention by immigration authorities and make them deportable from the United States. This could apply to individuals irrespective of how long they've lived in the country, their family ties, or community connections, and potentially even to convictions that happened in the past, as changes to the 'aggravated felony' definition can sometimes be applied retroactively in immigration contexts. Consequently, the families of these individuals would also bear a significant burden, facing potential separation. The bill, by expanding this definition, aims to give immigration and law enforcement agencies clearer and stronger grounds for removing individuals convicted of these specific violent crimes.