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Title 9: Criminal

9-73.000 - Immigrant Violations - Passport and VISA

9-73.010 Immigration Violations—Supervisory Responsibility
9-73.400 Immigration Violations—Reporting of Decisions
9-73.510 Immigration Violations—Promise of Non-Removal
9-73.520 Immigration Violations—Deportation of Criminal Aliens
9-73.801 Revocation of Naturalization

9-73.010 - Immigration Violations—Supervisory Responsibility

The Human Rights and Special Prosecutions Section, (202) 616-2942, is available to provide guidance and assistance on issues related to alien smuggling, criminal immigration violations, and related offenses. The "S-Visa" classification program, which may be available for certain cooperating illegal aliens and immediate family members, is supervised by the Office of Enforcement Operations, (202) 514-6809. In addition, the Civil Division's Office of Immigration Litigation, (202) 616-4900, may be able to provide assistance on other immigration related issues.

[updated April 2018]

9-73.400 - Immigration Violations—Reporting of Decisions

In all cases in which the decision arising under the immigration and naturalization laws is adverse to the government, except criminal cases in which no appeal is allowed by law, copies of the pleadings and other documents, should be promptly submitted along with an appeals recommendation See JM 9-2.170 (appeals).

[updated June 2018]

9-73.510 - Immigration Violations—Promise of Non-Removal

In a criminal case, the United States Attorney should not, as part of a plea agreement or an agreement to testify, or for any other reason, promise an alien that he/she will not be removed, without prior authorization from the Department of Homeland Security and the Assistant Attorney General of the Criminal Division. See JM 9-15.800 and JM 9-16.020.

[updated June 2018] [cited in JM 9-16.020]

9-73.520 - Immigration Violations—Deportation of Criminal Aliens

All deportable criminal aliens should be deported unless extraordinary circumstances exist. Accordingly, absent such circumstances, Federal prosecutors should seek the deportation of deportable alien defendants in whatever manner is deemed most appropriate in a particular case. Exceptions to this policy must have the written approval of the USA or a designated supervisory AUSA. In cases handled exclusively by one of the Department's litigating divisions, an exception to the policy must have the written approval of the appropriate Assistant Attorney General or Deputy Assistant Attorney General. The means of effecting the deportation of criminal alien defendants include: (1) using stipulated administrative deportation orders in connection with plea agreements; (2) providing for deportation as a condition of supervised release under 18 U.S.C. § 3583(d); and (3) seeking judicial deportation orders pursuant to the judicial deportation statute, formerly 8 U.S.C. § 1252a(d), recodified by Section 374 of the Illegal Immigration Reform and Immigrant Responsibility Act at 8 U.S.C. § 1228(c). See JM 9-73.500 and the Attorney General's April 28, 1995 Memorandum to All Federal Prosecutors, captioned Deportation of Criminal Aliens.

It should be noted that in the above mentioned memorandum, the Attorney General instructed federal prosecutors that to obtain stipulations to deportation they may agree to recommend a one or two level downward departure from the applicable sentencing range in return for the alien's concession of deportability and agreement to accept a final order of deportation. Such downward departure is justified on the basis that it is conduct not contemplated by the guidelines.

9-73.801 - Revocation of Naturalization

No suit to revoke naturalization under 8 U.S.C. § 1451 shall be instituted by a United States Attorney without prior consultation with the Office of Immigration Litigation Litigation – Enforcement Section in the Civil Division. See Justice Manual 4-7.200.  Attorney General's Order No. 851-79 (9/4/79) conferred upon the Criminal Division's Office of Special Investigations (OSI, now known as the Human Rights and Special Prosecutions Section, HRSP) the authority to prepare, initiate and conduct denaturalization proceedings in all federal districts against individuals who, prior to and during World War II, participated in persecution in association with the Nazi government or its allies. As a result of the 2010 merger of OSI and the Criminal Division’s Domestic Security Section to form HRSP, HRSP possesses all denaturalization authority previously conferred on OSI. HRSP may institute denaturalization cases against Nazi persecutors or against other participants in violations of human rights or humanitarian law without consulting the Office of Immigration Litigation.

[updated December 2020]