Deportation Consequences of Drug and Weapons Convictions in New York

Thanks for visiting Spodek Law Group, a second-generation criminal defense firm managed by Todd Spodek, with over 50 years of combined experience defending drug and firearms cases throughout New York. Drug and weapons convictions carry catastrophic immigration consequences for non-citizens – lawful permanent residents (green card holders), visa holders, DACA recipients, and undocumented individuals all face deportation, and in many cases theres no relief or waiver available regardless of how long you’ve lived in the United States, whether you have U.S. citizen children or spouses, or what hardship deportation would cause. What makes these consequences particularly devastating is that immigration law classifies many drug and weapons offenses as “aggravated felonies” under INA § 101(a)(43), triggering mandatory deportation with no possibility of discretionary relief – meaning once you’re convicted of an aggravated felony, immigration judges have no authority to grant you permission to remain in the United States regardless of equities in your favor, and even lawful permanent residents who’ve lived in America for decades, served in the military, or have U.S. citizen families face automatic deportation to countries they may have left as children and barely remember.

Aggravated Felonies Under Immigration Law

The term “aggravated felony” is misleading – the offenses dont need to be aggravated, and they dont even need to be felonies under state law. Immigration law defines aggravated felonies broadly to include drug trafficking, firearms trafficking, crimes of violence, theft offenses, fraud, and many other categories. For drug and weapons cases, the key aggravated felony categories are:

Drug Trafficking Aggravated Felonies

Any drug trafficking offense is an aggravated felony, including state convictions. Possession with intent, sale, distribution – all qualify regardless of drug quantity. I’ve represented clients facing deportation for selling $20 worth of marijuana – an offense that carried probation in criminal court but triggered mandatory deportation because it was classified as drug trafficking. Even convictions under NY PL § 220.16 (possession with intent to sell) – a class D felony involving small quantities – constitute aggravated felonies. What many defendants dont realize is that plea deals reducing charges to avoid prison can still result in aggravated felony convictions for immigration purposes.

Firearms Offenses

Firearms trafficking offenses constitute aggravated felonies under INA § 101(a)(43)(C). Many weapons possession offenses qualify as “crimes of violence” under § 101(a)(43)(F) if they involve substantial risk that physical force will be used. Federal firearms charges under 18 U.S.C. § 922 or § 924 are aggravated felonies. New York weapons charges can also qualify – criminal possession of a weapon in the second degree (PL § 265.03) has been held to constitute a crime of violence in some cases.

Crimes Involving Moral Turpitude

Separate from aggravated felonies, convictions for “crimes involving moral turpitude” (CIMT) can also trigger deportation. CIMTs involve conduct that’s inherently base, vile, or depraved, contrary to accepted moral standards. Many drug offenses dont qualify as CIMTs – simple possession typically isnt a CIMT, though trafficking offenses often are. Firearms offenses involving intent to harm, fraud, or deception may constitute CIMTs. A single CIMT conviction within 5 years of admission to the U.S. can result in deportation. Two CIMTs at any time after admission can also trigger removal proceedings. The distinction between aggravated felonies and CIMTs matters because some relief from deportation is available for CIMTs but not for aggravated felonies.

Mandatory Deportation for Aggravated Felonies

Once you’re convicted of an aggravated felony, deportation is mandatory. Immigration judges have no discretion to grant relief. You cant apply for cancellation of removal, asylum, or most other forms of relief that would allow you to remain in the United States. Look, this is fundamentally different from other immigration violations where judges can weigh factors like family ties, length of residence, rehabilitation, and hardship. For aggravated felons, none of that matters – the conviction alone requires deportation, and judges have no authority to consider individual circumstances. I’ve represented lawful permanent residents who came to the U.S. as infants, served in the military, had U.S. citizen spouses and children, and faced deportation to countries where they didnt speak the language solely because of drug convictions that carried probation in criminal court but constituted aggravated felonies under immigration law.

Permanent Bar to Reentry

Deportation for aggravated felonies carries a permanent bar to reentry. You cant apply for visas, green cards, or any immigration benefit allowing you to return to the United States. Even if you marry a U.S. citizen after deportation, that U.S. citizen cant sponsor you for a green card because the aggravated felony bar is permanent and has no waiver. The only way to overcome it is through a pardon from the governor (for state convictions) or the president (for federal convictions) – and pardons are extraordinarily rare and difficult to obtain.

Padilla v. Kentucky

The Supreme Court held in Padilla v. Kentucky that defense attorneys must advise non-citizen clients of immigration consequences before guilty pleas. If your attorney failed to advise you that a conviction would result in deportation, you may have grounds for post-conviction relief based on ineffective assistance. But Padilla claims are difficult – you must show your attorney gave affirmatively incorrect advice or failed to advise you, and that you would have rejected the plea and insisted on trial if properly advised. Courts sometimes find that general warnings are sufficient even when attorneys didnt explain specific consequences.

Strategies to Avoid Immigration Consequences

When representing non-citizens, we focus on negotiating plea deals to non-deportable offenses. For drug cases, that often means negotiating to simple possession charges rather than possession with intent or sale charges. Simple possession typically isnt an aggravated felony (though it can still trigger deportation in some circumstances). For firearms cases, we explore reduction to non-firearm offenses where possible – disorderly conduct, harassment, or other charges that dont involve firearms and dont constitute crimes of violence. We also explore pre-trial diversion programs, deferred adjudication, and other alternatives to conviction. In New York, programs like Drug Treatment Court or Judicial Diversion can result in dismissals after completion, avoiding convictions altogether. If a conviction is unavoidable, we negotiate for the least serious charge that prosecutors will accept while still resolving the case.

Post-Conviction Relief

If you’ve already been convicted and face removal proceedings, we explore post-conviction relief to vacate the conviction. Grounds include ineffective assistance under Padilla, constitutional violations, or legal errors. Vacating the conviction eliminates immigration consequences. We also examine whether the conviction actually qualifies as an aggravated felony or CIMT under current law – definitions have changed, and convictions that once triggered deportation may no longer qualify. Immigration courts apply law as it exists at removal proceedings, not at conviction, so changes can provide relief even for old convictions.

What Spodek Law Group Does

We provide comprehensive immigration consequence advisals before any guilty plea, consulting with immigration attorneys to analyze whether charges constitute aggravated felonies or CIMTs. We negotiate aggressively for non-deportable offenses, explaining to prosecutors that our clients face deportation and requesting reductions to charges that wont trigger removal. We pursue pre-trial diversion and treatment programs that result in dismissals rather than convictions. When convictions are unavoidable, we file post-conviction motions to vacate based on ineffective assistance, constitutional violations, or changes in law. We coordinate with immigration attorneys throughout – immigration law is complex, and criminal defense attorneys must work with immigration specialists to ensure clients understand consequences and explore all options. At Spodek Law Group, we’ve defended non-citizens facing drug and weapons charges with immigration consequences from investigation through trial and post-conviction relief. You can reach us 24/7 at our offices throughout NYC and Long Island. When a conviction means permanent exile from your family and the only country you know, avoiding deportable offenses isnt just good legal strategy – it’s the difference between staying in America and losing everything.