Retroactivity and Immigrant Crimes since St. Cyr: Emerging Signs of Judicial Restraint

Prior to 1996 if a permanent resident was convicted of a crime that subjected her to deportation, she was often eligible to apply for a waiver of deportation, known as 212(c) relief. A waiver of deportation was granted under 212(c) if the immigrant could show substantial equitable ties with the United States, including a U.S. citizen spouse or children, U.S. business ownership, and employment in the United States. These 212(c) waivers were routinely granted in more than fifty percent of cases. In 1996, however, Congress overhauled immigration law through two bills—the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). A central goal of the bills was to facilitate the deportation of immigrants convicted of crimes. To do this, AEDPA restricted and IIRIRA entirely eliminated the 212(c) waiver mechanism, meaning that permanent residents convicted of a greatly expanded list of crimes would be automatically deported, regardless of how deeply connected they were with the United States.