How Crimes Can Affect Your Immigration Status in the United States

| by jetliramurati1@gmail.com

Last Updated on: 28th October 2023, 11:02 pm

How Crimes Can Affect Your Immigration Status in the United States

Immigration law is complex, and even minor crimes can have severe consequences for non-citizens living in the U.S. Any interaction with law enforcement or the criminal justice system should be carefully evaluated for potential immigration impacts.

Some key things to know:

• Convictions for certain crimes make immigrants deportable and ineligible for most immigration benefits. These include aggravated felonies, crimes involving moral turpitude, multiple criminal convictions, domestic violence, drug offenses, and more. Even expunged or juvenile convictions can count.
• Simply being arrested or charged with a crime can trigger immigration problems. This is true even if the charges are eventually dismissed or the person is acquitted at trial.
• Immigration authorities have broad discretion to start removal proceedings based on criminal issues or even unproven allegations. Non-citizens have limited due process protections.
• Detention by ICE after an arrest can lead to deportation proceedings regardless of criminal outcome. ICE may issue a detainer request to jails asking that an immigrant be held until ICE takes custody.
• Pleading guilty without understanding potential immigration consequences is extremely risky. Consult an immigration attorney before accepting any plea deal.
• Options may exist to avoid negative immigration impacts, such as plea bargains to lesser charges, deferred adjudication, vacating convictions, or immigration waivers. But timing is critical and options are limited.

In summary, any non-citizen charged with or convicted of a crime should immediately consult an experienced immigration attorney. Criminal and immigration law are closely intertwined, so knowledgeable legal advice is essential to avoid severe immigration penalties.

Crimes That Make Immigrants Deportable

There are certain categories of crimes that automatically make lawful permanent residents deportable under immigration law. Even a single conviction for one of these offenses is enough to trigger removal proceedings and deportation.

Some key deportable crime categories include:

• Aggravated felonies – This category includes over 50 types of offenses like murder, rape, trafficking, and theft/burglary with 1+ year sentence. Even misdemeanors can qualify.
• Crimes involving moral turpitude (CIMT) – These involve reprehensible conduct like fraud. Deportable with 1+ CIMT convictions + potential inadmissibility.
• Controlled substance offenses – Convictions for drug possession, trafficking, paraphernalia offenses trigger deportation.
• Domestic violence, stalking, violation of protection orders – Abusive behavior toward family and partners results in removal.
• Firearms offenses – Convictions for purchasing, selling, possessing firearms illegally make immigrants deportable.
• Human trafficking and money laundering – Participating in exploitation and financial crimes mean deportation.

Even expunged or juvenile delinquency convictions still count as deportable offenses in many cases. The actual crime, not how it is labeled, determines deportability. Non-citizens face severe immigration consequences even for crimes that seem minor.

Arrests and Charges Also Create Immigration Problems

It’s not only convictions that can negatively impact an immigrant’s status. Just being arrested or criminally charged can also cause big issues.

Some key things to know about arrests:

• Arrests, with or without an actual conviction, can provide basis for removal proceedings.
• Even if charges are eventually dropped or dismissed, arrest records still show up in background checks by ICE.
• Acquittals or not guilty verdicts do not always prevent immigration consequences.
• ICE may issue an immigration detainer after an arrest, causing detention even if person is eligible for release.
• Non-citizens have limited rights to contest allegations of criminal activity.

Bottom line – arrests should never be taken lightly by immigrants. Consult an attorney immediately after any encounter with police or being taken into custody. Proper legal advice can help mitigate risks of detention by ICE or placement in removal proceedings.

ICE Has Broad Powers to Start Deportation Proceedings

Immigration authorities have tremendous discretion when it comes to initiating deportation against non-citizens. ICE can start removal proceedings based on:

• Actual convictions for deportable crimes
• Arrests or pending charges for alleged offenses
• Suspected gang affiliation or terrorist ties
• Prior deportation orders, illegal re-entry to U.S.
• Visa violations – overstaying, working without authorization, etc.
• Public safety or national security concerns

Unlike criminal prosecutions, ICE does not have to prove charges or violations “beyond reasonable doubt.” Agents only need “reasonable cause” to allege deportability. Immigrants have fewer due process rights and limited ability to contest deportation once proceedings begin.

Having an experienced immigration lawyer argue against removal is essential. But avoiding ICE’s radar in the first place through cautious living and smart legal strategies is key.

Pleading Guilty Without Lawyer Consultation – Very Risky

Non-citizen defendants must be very careful about accepting plea deals or pleading guilty without first understanding the potential immigration consequences. Some key considerations:

• Many plea bargains still count as deportable convictions. Consult attorney before accepting.
• Judges are not required to explain immigration impacts before accepting a guilty plea.
• Prosecutors often do not take potential immigration outcomes into account.
• Common criminal law strategies like pleading to a lesser charge are not always effective in avoiding removal.
• Only an immigration lawyer can accurately advise if a plea deal is “safe” or still carries immigration risk.

Bottom line – it is extremely unwise to accept any plea agreement or plead guilty without first having an immigration attorney carefully review the criminal charges and plea deal terms. This advance consultation is absolutely critical.

Options May Exist to Minimize Immigration Harm

While any criminal record carries risk, there may still be options to avoid or mitigate negative immigration consequences of arrests, charges, or convictions. Some potential strategies include:

• Plea bargains to lesser offenses outside deportable categories
• Deferred adjudication programs that avoid formal convictions
• Vacating past convictions by proving actual innocence or legal defect
• Obtaining governors’ pardons to remove state convictions
• Applying for waivers if available under the circumstances
• Voluntary departure from U.S. instead of formal deportation
• Winning cases at trial to avoid convictions
• Terminating proceedings by contesting charges

The viability of these options depends on individual factors like criminal history, charges faced, and immigration court location. An attorney experienced in both criminal and immigration law is best suited to navigate the complexities.

The bottom line is there are no easy fixes or universal solutions. Avoiding criminal entanglements altogether is the only sure way to prevent immigration consequences.

Any Crime Requires an Immigration Lawyer

Due to the severe immigration penalties possible even for minor offenses, it is absolutely critical for non-citizens to consult an attorney immediately if arrested, charged, or convicted of any crime. An attorney can advise on:

• Immigration consequences of crimes or allegations
• Strategies to avoid negative impacts if possible
• Deportation defense options if proceedings initiated
• Detention issues and negotiating release
• Appropriate plea deals that minimize risks
• Post-conviction relief to vacate convictions
• Waivers and other remedies that may apply

Navigating the intersection between criminal and immigration law is complex. There are no second chances. Even minor mistakes can lead to detention, deportation, and permanent inadmissibility. Protect yourself and your family by consulting an immigration attorney immediately if any criminal issues arise.