The Immigration Consequences of Criminal Charges

For immigrants in the United States, facing a criminal charge is more than just a legal problem; it can also threaten immigration status, green card eligibility, or even lead to deportation. Many Arabic-speaking immigrants in New York, New Jersey, and across the country are unaware that a minor arrest or conviction can have life-changing immigration consequences.

How Criminal Charges Affect Immigration Status

1. Deportation (Removal) Risk

Certain convictions make immigrants “deportable” under U.S. immigration law. This means Immigration and Customs Enforcement (ICE) can place someone in removal proceedings, even if they have lived in the U.S. for years.

• Inadmissibility

Some crimes can block immigrants from obtaining a green card, citizenship, or re-entering the U.S. after travel. Even lawful permanent residents (green card holders) may face issues when applying for naturalization.

• Detention Without Bond

For certain criminal charges, immigrants may be subject to mandatory detention, meaning they cannot be released on bond while fighting their case.

Crimes That Can Trigger Immigration Consequences

• Crimes of Moral Turpitude (CMTs)

Examples include theft, fraud, and assault with intent to harm.

• Aggravated Felonies

Immigration law defines this broadly, including crimes like drug trafficking, certain theft offenses, or violent crimes.

• Drug-Related Offenses

Even simple possession of certain substances can lead to removal proceedings.

• Domestic Violence and Protective Order Violations

Convictions or violations may lead to deportation and bar future immigration benefits.

Driving Under the Influence (DUI/DWI).

Repeated DUIs or DUIs with aggravating factors (accident, injury) can impact immigration status.

Why Criminal and Immigration Law Must Work Together?

Most criminal defense attorneys are not trained in immigration law. This creates a dangerous situation where a plea deal that seems “light” in criminal court could actually trigger deportation. Both areas should be combined to:

• Evaluate Immigration Impact before a plea or trial.
• Negotiate Alternatives that protect immigration status.
• Defend Against Removal if ICE initiates deportation proceedings.
• Steps Immigrants Should Take if Charged with a Crime
• Contact an Attorney Immediately, Do not go to court alone or sign any plea deal without understanding immigration consequences.
• Be Honest About Immigration Status. Your lawyer needs to know your full immigration history to protect you.
• Collect Positive Evidence, Letters of support, proof of employment, community involvement, and family ties can help mitigate consequences.
• Avoid Travel Until Cleared. Even minor convictions may trigger issues at airports or borders.

For immigrants, a criminal charge can jeopardize more than freedom; it can jeopardize the right to stay in the United States. Understanding the immigration consequences of criminal charges is essential to protecting your future. With the right legal guidance, it is possible to fight charges, avoid deportation, and safeguard your immigration status.