Moral turpitude

DEFINITION: Loosely defined term that is generally construed to encompass any behavior that gravely shocks or violates the sentiments or accepted standards of a community

SIGNIFICANCE: In American immigration law, the term “moral turpitude” first appeared in the Immigration Act of 1891, in which it was provided as a basis for excluding immigrants suspected of possessing low morals from entering the country or as grounds for deporting previously admitted immigrants.

The concept of “moral turpitude” can be traced to a Middle English expression term with Latin roots that means “shame” and connotes immoral behavior. In modern legal parlance, moral turpitude suggests behavior that is evil in and of itself and not merely because it is prohibited by law. For example, drunk driving is not a crime of moral turpitude, but drunk driving without a license is. An elusive concept related more to cultural concepts of sin than statutory law, moral turpitude is sometimes associated with the sins outlined in the Christian Bible's Old Testament’s Ten Commandments.

In Section 212(a) of the Immigration and Nationality Act (I.N.A.; or 8 U.S.C. § 1182a), the grounds for inadmissibility for American Visas and Green Cards are explained. Among the criteria are crimes of moral turpitude. However, the law long failed to fully define the parameters of crimes that fit the moral turpitude classification. The ambiguity in the meaning of the term allowed US immigration officers a wide latitude to exclude or deport persons whom they personally dislike, including those presumed to engage in victimless crimes, such as consensual sexual conduct and substance abuse. The definition generally used was developed from the opinions of members of the Board of Immigration Appeals. These crimes include but are not limited to murder, voluntary and involuntary manslaughter, most sex crimes (rape, incest, sexual assault, bigamy, and similar), spousal or child abuse, animal fighting, kidnapping, theft, fraud, conspiracy, and robbery.

For example, immigrants suspected of being part of the LGBTQ+ community were usually rejected before 1973, when the American Psychiatric Association stopped classifying people who were suspected of being LGBTQ+ as a mental disorder. However, people in same-sex relationships could still be excluded because the law allowed the exclusion of “psychopathic personalities” apart from crimes of “moral turpitude.”

Categories of Crimes

The term “moral turpitude” encompasses a wide variety of actual crimes, which fall under four headings:

• Crimes against property, such as fraud, robbery, and even shoplifting
• Crimes against government, most notably bribery, counterfeiting, and perjury
• Crimes against persons, including victimless offenses
• Aiding, abetting, or engaging in conspiracies to commit crimes of moral turpitude

The Immigration and Nationality Technical Corrections Act of 1994 increased the number of “aggravated felonies” that can provide grounds for deportation. In 1996, the law was amended to permit the attorney general of the United States to deport, without a prior hearing, any person convicted of any recent crime of “moral turpitude.” Into the mid-2020s, moral turpitude remained a reason for denying entry or deporting someone under US immigration law, but courts interpreted it more narrowly, generally limiting it to intentional acts that were inherently reprehensible, such as fraud, violent crimes, or serious theft. Minor offenses, victimless conduct, and consensual adult sexual behavior, including LGBTQ+ relationships, were no longer considered grounds for inadmissibility or deportation. While the concept remained controversial due to its subjective nature, rulings in the twenty-first century reduced its use and clarified that it required clear intent to cause harm or deceive.

Bibliography

“All Those Rules about Crimes Involving Moral Turpitude (June 2021).” Immigrant Legal Resource Center, 22 June 2021, www.ilrc.org/resources/all-those-rules-about-crimes-involving-moral-turpitude-june-2021. Accessed 12 Oct. 2025.

Bray, Ilona. "What’s a Crime of Moral Turpitude According to U.S. Immigration Law?" Nolo, 9 June 2025, www.nolo.com/legal-encyclopedia/what-s-crime-moral-turpitude-according-us-immigration-law.html. Accessed 12 Oct. 2025.

"Chapter 5 - Conditional Bars for Acts in Statutory Period." United States Citizenship and Immigration Services, 26 Sept. 2025, www.uscis.gov/policy-manual/volume-12-part-f-chapter-5. Accessed 12 Oct. 2025.

Freilich, Joshua D., and Graeme Newman, editors. Crime and Immigration. Ashgate, 2007.

"Moral Turpitude." Cornell Legal Information Institute, June 2020, www.law.cornell.edu/wex/moral_turpitude. Accessed 12 Oct. 2025.

New York State Defenders Association. Representing Immigrant Defendants in New York. 6th ed., Author, 2017.

Weissbrodt, David, et al. Immigration Law and Procedure in a Nutshell. 8th ed., Thomson/West, 2023.