What are the immigration consequences of federal drug convictions?

Immigration Consequences of Federal Drug Convictions

Getting convicted of a federal drug crime can really mess up someone’s immigration status. Even a minor drug charge can get you deported or banned from coming back to the U.S. if your not a citizen. It’s pretty crazy how strict the laws are. This article will break it all down so you understand what can happen if you get busted with drugs.

Deportation

If your a permanent resident (green card holder) and you get convicted of any drug crime (or sometimes just admit to drug use), the government can try to deport you. It doesn’t matter how long you’ve lived here or if you have a family. Here’s some examples of drug crimes that can get you deported:

• Possession of any illegal drug (even a tiny amount of weed or a single pain pill without a prescription)
• Giving your friend a joint or a few pills
• Having drug paraphanelia like pipes or baggies
• Driving while high
• Working in a dispensary even where weed is legal
• Pretty much anything to do with growing, selling, or distributing drugs

It dosen’t matter if it’s a felony or misdemanor, or if you just get probation. Any conviction for a controlled substance crime makes you deportable. And it doesn’t matter if the state you got convicted in has legalized weed or something. Federal law still applies.

Also, you don’t even need a conviction to get deported. Just admitting to a immigration officer that you’ve used drugs could be enough. They can ask you about drug use when your applying for a green card, citizenship, visa, or even at the airport when your coming back from a trip. If you admit to using illegal drugs (or prescription drugs without a prescription), they can deny your application or start deportation proceedings.

Getting Banned from Coming Back

If your not a permanent resident yet, a drug conviction (or admission to drug use) can make you “inadmissable.” This means your banned from entering the U.S. or getting a green card. And it doesn’t go away! The ban can be permanent unless you can get the conviction vacated or apply for a special waiver (which can be really hard to get).

Here’s some examples of how you can get banned:

• Applying for a student or work visa with a drug conviction
• Coming to the U.S. as a tourist if border officers find out about your drug history
• Trying to adjust status from a visa to a green card
• Applying for citizenship

It also dosen’t matter what kind of drug crime it is. A single misdemanor conviction for weed or any other drug will make you inadmissable. And again, you don’t need a conviction at all. Just admitting to illegal drug use is enough.

Crimes of “Moral Turpitude”

Here’s a fun legal term for you – “moral turpitude.” If your convicted of a crime involving moral turpitude, you can be deported or banned from the U.S. And guess what? Pretty much all drug crimes are considered to have moral turpitude according to immigration law. It’s basically a catch-all category that includes drug offenses.

So any drug conviction makes you deportable as a crime of moral turpitude. The only exception is a single conviction for possession of 30 grams or less of weed. But anything else – even paraphernalia or tiny amounts of other drugs – and your outta here if your not a citizen.

Aggravated Felonies

Now we get to the worst of the worst. If your conviction is considered an “aggravated felony” under immigration law, you can kiss any chance of staying in the U.S. goodbye. Any aggravated felony conviction means mandatory deportation. And you’ll be permanantly banned from coming back, with no waivers available.

Many drug crimes are considered aggravated felonies, even if it’s just a misdemanor under state law. Here’s some examples:

• Drug trafficking (including small amounts of weed)
• Possession with intent to distribute
• Manufacturing or growing drugs
• Possession of flunitrazepam (aka “roofies”)
• Second simple possession conviction
• Possession if you already have a felony drug conviction

So those are the main ways a drug conviction can destroy your immigration hopes. The laws are unbelievably harsh. Pretty much anything beyond simple possession can make you deportable and inadmissable. And any trafficking offense is almost guaranteed to get you deported for good.

Defenses and Workarounds

Now that we’ve scared you about the consequences, here’s some tips to avoid them. The #1 thing is don’t plead guilty without talking to an immigration attorney! There are some options to avoid a conviction or plead to a non-drug offense.

• Get the charges dropped completely or dismissed through a pretrial diversion program.
• Plead guilty to a non-drug charge like trespassing or disorderly conduct.
• Negotiate felony charges down to misdemeanors if possible.
• Plead guilty without specifying what drug it was (but this can be risky, see below).
• File for post-conviction relief and try to vacate the conviction after the fact.
• Do a Prop 47 reduction for minor felonies in California.

Some of these options depend on the specifics of your case and your criminal history. Definitely talk to an attorney to explore your options. Unfortunately there’s no guaranteed way to avoid immigration problems, but a good lawyer might be able to help minimize the damage.

Warning: Some lawyers think not naming the specific drug, or pleading to just “a controlled substance” will help immigrants avoid deportation. This might work sometimes, but don’t count on it! Immigration officials can still see the police reports and will figure out what drug it was. And they may just assume the worst. So it’s better to get specifics in writing if possible.

What About Legal States?

One last thing to remember is that state drug laws don’t matter for immigration purposes. If your convicted of any drug offense, federal immigration law still applies. So even if you live in a state with legal recreational or medical weed, that won’t protect you from being deported or banned if your not a U.S. citizen.

The feds still consider marijuana illegal. And immigraton officials don’t care if your weed conviction was minor or if the state doesn’t consider it a real crime. You can still get deported for a simple pot possession misdemeanor in a legal state.

Conclusion

Immigration law leaves zero tolerance for drug offenses. Any conviction beyond simple possession of a tiny amount of weed will likely get a non-citizen kicked out of the country. Trafficking and distributing drugs is almost guaranteed to cause deportation and permanent bans.

If your facing drug charges, make sure to consult an immigration attorney before pleading guilty or accepting a plea deal. Don’t take the risk of losing your chance to stay in the U.S. – fight the charges and try to avoid a conviction at all costs!