Counterfeit Goods & Deportation Risk Explained

Carrying, selling, or trafficking counterfeit goods can trigger deportation proceedings under US immigration law. Under INA §237(a)(2)(A), a conviction for a crime involving moral turpitude (CIMT) — which can include trademark counterfeiting — makes a non-citizen deportable. Even a single conviction may be enough if it carries a potential sentence of one year or more. Consult an immigration attorney immediately if charged.

When Counterfeit Goods Become an Immigration Problem

Not every encounter with counterfeit merchandise automatically threatens your immigration status. However, the risk escalates sharply once criminal charges are involved. The key situations where immigration consequences arise include:

• Criminal conviction for trademark counterfeiting under 18 U.S.C. §2320 — this is the primary federal statute and is frequently treated as a CIMT.
• Aggravated felony classification — if the offense involves large-scale trafficking or fraud with a loss exceeding $10,000, it may be classified as an aggravated felony under INA §101(a)(43)(M), triggering mandatory deportation with no discretionary relief.
• Customs seizure at the border — CBP routinely seizes counterfeit goods. A seizure alone does not equal deportation, but it can trigger a criminal referral.
• Conspiracy or aiding and abetting charges — even if you did not personally sell the goods, involvement in a counterfeiting ring can lead to the same immigration consequences.
• Visa fraud connection — if counterfeit activity is linked to immigration document fraud, consequences compound under INA §237(a)(3).

Steps to Take If You Face Charges Related to Counterfeit Goods

1. Hire a criminal defense attorney with immigration experience immediately. The overlap between criminal and immigration law is complex. Plea deals that seem minor criminally can be devastating for immigration status.
2. Do not plead guilty without an immigration analysis. Ask your attorney to conduct a full "Padilla analysis" — required under the Supreme Court's Padilla v. Kentucky (2010) ruling — to assess deportation consequences before any plea.
3. Gather all documentation of your immigration status. Collect your visa, green card, employment authorization, or any pending petitions. Your attorney needs the full picture.
4. Determine if the charge qualifies as a CIMT or aggravated felony. The distinction dramatically changes your options. A CIMT may allow for cancellation of removal or withholding of removal; an aggravated felony forecloses most relief.
5. If deportation proceedings begin, request a hearing before an Immigration Judge. You have the right to contest an order of removal. The appeal deadline is 30 days from the issuance of the order.
6. Consult Ilya Fishkin, immigration attorney, for a case-specific assessment of how a counterfeiting charge intersects with your current immigration status and relief options.

What the Law Says

Several provisions of the Immigration and Nationality Act (INA) are directly relevant:

• INA §237(a)(2)(A)(i) — makes deportable any non-citizen convicted of a CIMT committed within five years of admission, if the offense carries a potential sentence of one year or more.
• INA §237(a)(2)(A)(iii) — mandates deportation for any non-citizen convicted of an aggravated felony, with virtually no discretionary waivers available.
• INA §101(a)(43)(M) — defines fraud or deceit offenses causing a loss to victims exceeding $10,000 as aggravated felonies. Large-scale counterfeiting often meets this threshold.
• 18 U.S.C. §2320 — federal criminal statute for trafficking in counterfeit goods; first-time offenders face up to 10 years imprisonment, second offenses up to 20 years.
• INA §240B — voluntary departure may be available for some non-citizens before a final order, allowing a maximum period of 120 days if granted before the conclusion of proceedings.

For the full text of relevant regulations and current enforcement priorities, visit U.S. Immigration and Customs Enforcement (ICE).

Green Card Holders and Visa Applicants: Special Risks

Lawful permanent residents (green card holders) are not immune. A counterfeiting conviction can strip LPR status and result in removal from the United States. For those applying for naturalization, any CIMT conviction within the statutory good moral character period — generally five years before filing Form N-400 — is a disqualifying factor. Visa applicants who disclose or are found to have a counterfeiting record face inadmissibility grounds under INA §212(a)(2)(A). Immigration attorney Ilya Fishkin, immigration attorney, advises clients on how to navigate these intersecting grounds of inadmissibility and deportability.

If you are in removal proceedings and believe you qualify for relief such as cancellation of removal or withholding of removal, act quickly — deadlines are strict. A motion to reopen must generally be filed within 90 days of a final order of removal.

This material is for informational purposes only and does not constitute legal advice.