Sec. 301. Definition of aggravated felony
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Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) is amended— by striking The term and inserting aggravated felony means— Notwithstanding any other provision of law, the term ; aggravated felony applies to an offense described in this paragraph, whether in violation of Federal or State law, or in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years, even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements and regardless of whether the conviction was entered before, on, or after September 30, 1996, and means— in subparagraph (A), by striking murder, rape, or sexual abuse of a minor; and inserting an offense relating to murder, manslaughter, homicide, rape (whether the victim was conscious or unconscious), or any offense of a sexual nature involving a victim under the age of 18 years; ; in subparagraph (B), by inserting an offense relating to before illicit trafficking ; in subparagraph (C), by inserting an offense relating to before illicit trafficking in firearms ; in subparagraph (F), by inserting an offense relating to before a crime of violence ; in subparagraph (G), by striking a theft offense (including receipt of stolen property) or a burglary offense and inserting an offense relating to theft (including receipt of stolen property) or burglary ; in subparagraph (I), by striking or 2252 and inserting 2252, or 2252A ; in subparagraph (N), by striking paragraph (1)(A) or
(2)of and all that follows through the end and inserting section 274(a) (relating to alien smuggling); ; in subparagraph (O), by striking section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph; and inserting section 275 or 276 for which the term of imprisonment is at least 6 months; ; in subparagraph (U), by striking an attempt or conspiracy to commit an offense described in this paragraph and inserting attempting or conspiring to commit an offense described in this paragraph, or aiding, abetting, counseling, procuring, commanding, inducing, or soliciting the commission of such an offense ; and by striking the undesignated matter following subparagraph (U). The amendments made by subsection (a)— shall take effect on the date of the enactment of this Act; and shall apply to any act or conviction that occurred before, on, or after such date. The amendments to section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009–627) shall continue to apply, whether the conviction was entered before, on, or after September 30, 1996.
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- Pub. L. 104-208
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