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What Sentences Lead to Automatic Deportation?
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What Sentences Lead to Automatic Deportation?
Being convicted of certain crimes can lead to severe immigration consequences for non-citizens in the United States, including automatic deportation. Under federal immigration law, a broad range of criminal offenses can trigger deportation for lawful permanent residents and undocumented immigrants alike.
According to data from the Immigration Forum, over 44,000 immigrants with legal status were deported from the U.S. in 2018 after being convicted of crimes. Many more undocumented immigrants also face deportation each year after coming into contact with the criminal justice system.
Aggravated Felonies
One major category of deportable offenses is known as “aggravated felonies.” This term covers a wide range of crimes, from violent offenses like murder and rape to nonviolent crimes like theft, fraud, and failure to appear in court.
An immigrant convicted of an aggravated felony faces mandatory deportation under U.S. immigration law. After serving any criminal sentence, they will be taken into immigration custody and removed from the country.
Here are some examples of aggravated felonies that can lead to automatic deportation:
- Murder
- Rape
- Sexual abuse of a minor
- Drug trafficking
- Firearms trafficking
- Money laundering
- Fraud over $10,000
- Theft over $10,000
- Burglary
- Human trafficking
- Child pornography
- Racketeering
- Gambling offenses
- Failure to appear before a court
Other Deportable Crimes
In addition to aggravated felonies, a range of other crimes can also make immigrants deportable under U.S. law. Some lead to automatic deportation, while others give immigration judges more discretion.
According to Avvo, any drug crime except simple possession of 30g or less of marijuana can lead to deportation. Immigrants may also face deportation after multiple convictions related to domestic violence, violating protection orders, stalking, and child abuse.
DUIs are another common deportable offense. A first DUI conviction is usually not enough to trigger deportation by itself. However, a second DUI offense or a DUI combined with another crime often leads to removal from the country.
| Crime | Deportation Trigger |
|---|---|
| Drug possession or trafficking (except simple possession of 30g or less of marijuana) | Automatic for aggravated felonies |
| Domestic violence | Discretionary |
| Violating a protection order | Discretionary |
| Stalking | Discretionary |
| Child abuse | Discretionary |
| DUI (2nd offense or combined with another crime) | Often discretionary |
Defending Against Deportation
Facing deportation after a criminal conviction can be devastating for immigrants and their families. However, an experienced immigration attorney may be able to help you fight deportation and remain in the country legally.
Defense strategies can include:
- Arguing that your crime does not fit the definition of an aggravated felony
- Applying for asylum or other relief from removal
- Asking the judge to cancel your removal
- Filing appeals to fight deportation at higher courts
Having an aggressive legal defense is critical, as deportation effectively amounts to lifetime banishment from the United States in most cases. Those deported cannot return for at least 10 years, if ever.
To discuss your case with an immigration lawyer, contact a firm like FindLaw or LawInfo to connect with attorneys in your state. Time is of the essence, so do not delay in seeking professional help.
Resources
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