BE GONE Act Expands 'Aggravated Felony' Definition, Adding Sexual Assault to Trigger Mandatory Deportation

The aptly named “BE GONE Act” is making a significant, technical change to immigration law that will have severe real-world consequences for non-citizens convicted of certain crimes. This legislation isn't creating a new crime; it’s changing how existing serious crimes are categorized under immigration statutes, specifically the Immigration and Nationality Act (INA).

The New Aggravated Felony Trigger

Section 2 of the BE GONE Act focuses entirely on expanding the definition of an “aggravated felony” found in Section 101(a)(43) of the INA. Why does this matter? Because the term “aggravated felony” is the nuclear option in immigration enforcement. A conviction for an aggravated felony triggers mandatory detention and makes the person automatically deportable, often eliminating nearly all forms of relief or appeal that might otherwise be available, even for long-term legal residents.

This bill adds a new category (subparagraph V) to the list: “sexual assault and aggravated sexual violence.” While the bill doesn't define what exactly counts as "sexual assault" or "aggravated sexual violence"—it will likely rely on existing federal or state criminal statutes—the effect is clear. If a non-citizen is convicted of an offense that fits this new category, they will face mandatory removal proceedings without the typical opportunities to argue their case based on family ties, time lived in the U.S., or hardship.

Who Feels the Change?

This change primarily targets non-citizens—including those with Green Cards (Legal Permanent Residents) or certain visas—who are convicted of these specific, serious offenses. For these individuals, the moment of conviction becomes a dual sentence: criminal punishment followed immediately by mandatory deportation.

For example, imagine a legal resident who has lived in the U.S. for 20 years with a family. If they are convicted of an offense now classified under this new category, they lose the ability to ask an immigration judge for discretionary relief, such as cancellation of removal, which might allow them to stay based on their deep ties to the country. The law removes that safety valve, prioritizing removal above all else. This tightening of the rules means that the consequences for non-citizens convicted of these specific crimes are now significantly more severe and less flexible. While the crimes themselves are serious, the bill ensures that the immigration outcome is swift and mandatory.