How Much Jail Time Triggers Deportation for Immigrants?

How Much Jail Time Triggers Deportation for Immigrants?

Immigrants convicted of crimes in the United States may face deportation depending on factors like the type and severity of the offense. Generally, any jail sentence can put an immigrant at risk of removal proceedings, but minor crimes may be exempt.

Crimes Involving Moral Turpitude

One major category of deportable crime is called “crimes involving moral turpitude” (CIMT). These involve dishonest intent and violate accepted moral standards, like fraud, theft, or violence. A CIMT conviction carries immigration consequences like:

• Deportation for immigrants here illegally
• Loss of green cards for legal permanent residents
• Visa denial for those seeking to enter the U.S.

So how much jail time leads to deportation for a CIMT? Typically one year or more triggers removal proceedings. But some exceptions exist:

Aggravated Felonies

A subset of CIMT called “aggravated felonies” leads to deportation with even less jail time. These include crimes like murder, rape, trafficking, and theft with one year or more imprisonment. For aggravated felonies, any jail sentence (even just a few days) allows immigration authorities to start a removal case.

Multiple Crimes

Additionally, multiple CIMT convictions can trigger deportation even if the sentences are under a year. For example, an immigrant with two 6-month CIMT sentences could still face removal proceedings.

Waivers

There are some waivers available allowing permanent residents to avoid deportation after a CIMT conviction, like cancellation of removal. But these are limited to green card holders only. Illegal immigrants convicted of CIMT have no waiver options.

Drug Crimes

Like CIMT, drug crimes also make immigrants deportable. This includes offenses like:

• Trafficking controlled substances
• Transportation for the purposes of distribution
• Simple possession

And similar to CIMT, one year or more of jail time typically leads to removal proceedings for drug convictions. But again, aggravated circumstances with any jail sentence can warrant deportation too.

Simple possession charges may allow an immigrant to avoid removal if it’s a first offense. But trafficking and dealing convictions make deportation basically guaranteed, especially if any jail time is imposed.

Other Notable Offenses

While CIMT and drug crimes are the most common deportable offenses, jail time for other charges can also lead to removal:

• Firearms – Illegal purchase/sale, smuggling, or any offense with 1+ year sentence
• Domestic violence – Virtually any conviction triggers deportation
• Tax evasion – Any sentence over 1 year means removal proceedings
• Document fraud – Includes fake IDs, visas, green cards etc.

Mitigating Factors

While jail time always puts immigrants at risk, even without a sentence, charges alone can warrant deportation in some cases. But certain factors might help avoid removal:

• No conviction – Charges dismissed or acquitted may prevent proceedings
• Minor offense – Small fine vs jail may limit immigration impact
• Short sentence – Under 1 year makes deportation less likely

Ultimately every crime situation is unique, so consulting an experienced immigration attorney is highly recommended to understand how charges might impact your specific immigration status.

Resources

For more help understanding deportation triggers for immigrants convicted of crimes, check out these additional materials:

• Overview of Deportation from LawInfo
• Video Explaining Removal Defense Options
• Podcast on Fighting Deportation After a Conviction