BE GONE Act Expands 'Aggravated Felony' Definition, Triggering Mandatory Deportation for Sexual Assault Convictions

The aptly named BE GONE Act is making a significant, and frankly, heavy-handed change to U.S. immigration law. This isn't about minor paperwork; it targets the definition of an “aggravated felony” under the Immigration and Nationality Act (INA), which is the legal tripwire for mandatory detention and deportation for non-citizens.

The New Tripwire: Sexual Violence

Section 2 of this Act is the core change. It expands the list of crimes that qualify as an aggravated felony (specifically Section 101(a)(43) of the INA) by adding a new category: sexual assault and aggravated sexual violence. Why does this matter? Because once a crime is labeled an aggravated felony, it triggers the most severe consequences in immigration law. For a non-citizen—even a lawful permanent resident (Green Card holder) who has lived here for decades—a conviction for one of these newly added offenses means mandatory detention and almost certain deportation, regardless of their family ties, time in the U.S., or rehabilitation efforts. There is almost no judicial discretion or relief available once that aggravated felony label sticks.

What This Means for Real People

To put this in real-world terms, think about the difference between a crime that allows a judge to weigh the circumstances and one that doesn't. Before this bill, certain sexual assault convictions might have allowed an immigrant to argue for relief from deportation, perhaps due to factors like having U.S. citizen children, a long-standing job, or the minor nature of an old offense. This change removes that possibility entirely for convictions falling under the new definition. The process becomes automatic: conviction equals removal proceedings, period.

While the goal of ensuring non-citizens convicted of serious sexual crimes are removed is clear, the mechanism—the aggravated felony designation—is extremely harsh. It’s a one-size-fits-all hammer that eliminates any chance for a case-by-case review. For families of those convicted, this means the removal of a parent or spouse is mandatory, without any opportunity to argue the hardship it causes. This is the definition of a disproportionate impact, where the law allows no room for mitigating circumstances, focusing solely on the conviction itself. This move is less about nuanced justice and more about streamlining enforcement.