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How Philadelphia Federal Criminal Charges Impact Immigration Status
Getting charged with a federal crime in Philadelphia can have serious consequences for non-citizens. Even if the charges are eventually dropped or lead to an acquittal, the arrest itself can trigger immigration problems. In some cases, a federal criminal charge can even lead to deportation.
In this article, we’ll break down how federal charges in Philadelphia affect immigration status for non-citizens. We’ll look at the key factors that immigration officials consider, as well as the potential outcomes like detention, removal proceedings, and deportation. We’ll also discuss possible defenses that a non-citizen can raise to avoid negative immigration consequences.
Contents
Arrest Triggers Immigration Review of Your Case
The first thing to understand is that any arrest for a federal crime immediately brings a non-citizen to the attention of immigration authorities. It doesn’t matter if you’re a legal permanent resident (green card holder), a foreign student or worker, or even an undocumented immigrant. If federal agents arrest you, they will notify Immigration and Customs Enforcement (ICE).
At that point, ICE will put your name and fingerprints into its databases to start investigating your immigration status and history. So even if the criminal charges don’t stick, you now have an ongoing immigration case to worry about.
Factors Immigration Will Consider
Once ICE begins looking into your situation after a federal arrest in Philadelphia, there are a few key factors they will consider:
- Your current immigration status – for example, are you a visa holder, green card holder, refugee, etc.
- The specifics of the federal criminal charges against you
- Your entire criminal history (not just this recent case)
- Other factors like your employment history, family ties, etc.
Based on all this information, ICE will make an initial determination about whether to just monitor your criminal case or take more aggressive immigration enforcement action.
Possible Immigration Enforcement Actions
So what might that immigration enforcement action look like after federal charges in Philadelphia? Some possibilities include:
- Detention – ICE could take you into immigration custody at any point after your arrest, either in lieu of or in addition to any criminal detention.
- Removal Proceedings – ICE may start a formal case in immigration court seeking your removal (deportation) from the United States.
- Expedited Removal – For some immigrants, ICE has the power to deport them without any court hearings.
As you can see, the consequences can quickly escalate from the initial criminal charges to detention and even deportation.
How Specific Federal Charges Impact Immigration Status
Not all federal charges have the same effect on immigration status. A key factor is whether the crime qualifies as a “removable offense” under immigration law. Some examples in Philadelphia federal court include:
Drug Trafficking
One major category of removable offenses covers drug trafficking crimes. This includes federal charges for:
- Manufacturing, distributing, selling, or possessing illegal drugs
- Transporting drugs or drug paraphernalia
- Laundering money gained from drug crimes
- Engaging in a “continuing criminal enterprise” (being a drug kingpin)
A drug trafficking conviction almost always leads to deportation, even if you have legal status.
Fraud Crimes
Many types of federal fraud charges also count as removable offenses, such as:
- Identity theft
- Benefits fraud against the government
- Marriage fraud to obtain immigration status
- Visa fraud
- Tax fraud or evasion above $10,000
These types of fraud are considered “crimes involving moral turpitude” that can make even legal immigrants deportable.
Other Removable Offenses
Some additional federal charges in Philadelphia that can also create immigration problems:
- Firearms trafficking offenses
- Child pornography/exploitation
- Human trafficking/prostitution
- Cybercrime/computer hacking
- Racketeering
- Money laundering
As you can see, many federal charges can put immigration status in jeopardy even if they are not specifically immigration-related.
Possible Defenses Against Immigration Consequences
If you are a non-citizen facing federal criminal charges in Philadelphia, it is essential to involve an experienced immigration attorney on your defense team. In some cases, there may be strategies to avoid negative consequences to your immigration status. Some potential defenses include:
Negotiating a Favorable Plea Deal
If possible, your criminal defense attorney may be able to negotiate a plea to a non-removable charge. This still carries risks, but avoids guaranteed immigration problems.
Contesting Removability
There may be legal arguments that your criminal charges do not actually count as removable offenses or trigger deportation under immigration law technicalities.
Post-Conviction Relief
If you end up with a conviction, there are procedures for challenging convictions after the fact based on ineffective counsel or other technical grounds. This can sometimes eliminate the basis for removal from the United States.
Waivers
In limited cases, an immigrant with a removable conviction can apply for a discretionary “waiver” allowing them to remain in the country. This depends on the charge and requires showing extreme hardship if deported.
As you can see, defending against negative immigration consequences of federal charges requires experience and creative lawyering. Avoiding detention and deportation may be possible, but there are no guarantees once you are in the immigration enforcement system.
Take Federal Charges Seriously to Avoid Immigration Disasters
The bottom line is that any federal criminal charges in Philadelphia should be taken extremely seriously by non-citizens. Even a minor charge or one that eventually gets dismissed can still lead to immigration detention, court proceedings, or even deportation.
Do not assume that just because you have legal status, or have lived in the U.S. for many years, that you are safe. Some legal permanent residents find themselves deported over old and minor offenses that were not an issue when they first immigrated here. Laws and enforcement priorities are constantly shifting.
If you or a loved one are not U.S. citizens facing federal charges in Philadelphia, consult with an attorney who understands the immigration consequences. Careful defense work early on gives you the best chance to avoid a federal criminal case becoming an immigration catastrophe.
References
Bucks County Man Arrested for COVID Relief Fraud | USAO-EDPA | Department of Justice