Criminal Arrest & Deportation Risk for Non-Citizens

A criminal arrest can trigger deportation proceedings for any non-citizen — including green card holders. Whether removal actually follows depends on the offense category, your immigration status, and how quickly you act. Certain crimes are defined as deportable offenses under INA §237. Contact an immigration attorney immediately after any arrest. Verify current fees at uscis.gov.

Quick Answer

Yes, a criminal arrest puts non-citizens at serious deportation risk. Under INA §237(a)(2), convictions for aggravated felonies, crimes involving moral turpitude (CIMTs), drug offenses, and domestic violence offenses are grounds for deportation. Even an arrest without conviction can affect future immigration applications. Acting fast — especially before entering any plea — is critical to protecting your status.

Which Offenses Create Deportation Risk

Not every arrest leads to removal, but certain offense categories carry automatic or near-automatic deportation consequences under federal immigration law:

• Aggravated felonies (INA §101(a)(43)): murder, rape, drug trafficking, firearms trafficking, theft with sentence over one year, and many others — these trigger mandatory deportation with almost no relief available.
• Crimes involving moral turpitude (CIMTs) (INA §237(a)(2)(A)): fraud, theft, assault with intent to harm — one CIMT within 5 years of admission, or two CIMTs at any time, can make you deportable.
• Controlled substance offenses (INA §237(a)(2)(B)): any conviction related to a controlled substance, except a single offense of possession of 30 grams or less of marijuana for personal use.
• Domestic violence, stalking, and child abuse (INA §237(a)(2)(E)): convictions or even civil protection order violations can make a non-citizen deportable.
• Firearms offenses (INA §237(a)(2)(C)): illegal purchase, sale, or possession of a firearm.
• Crimes against national security and terrorism-related offenses: immediate deportation risk and bars to most forms of relief.

Green card holders are not immune. Lawful permanent residents can be placed in deportation proceedings after a qualifying conviction, even after decades in the United States.

Step-by-Step: What to Do After a Criminal Arrest as a Non-Citizen

1. Exercise your right to remain silent. Do not answer questions about your immigration status or the alleged offense without an attorney present. Statements made to police or ICE agents can be used in both criminal and immigration proceedings.
2. Request an attorney immediately. You have the right to consult a criminal defense attorney. Critically, you also need an immigration attorney — criminal defense counsel may not understand deportation consequences. Contact Ilya Fishkin, immigration attorney for immigration-specific guidance.
3. Do not accept a plea deal before immigration review. Even a misdemeanor plea can constitute a deportable offense. Have an immigration attorney analyze every plea offer before you accept it.
4. Gather your immigration documents. Collect your green card, visa, passport, I-94, and any prior USCIS notices. Your attorney will need these to assess your exposure and available defenses.
5. Determine if ICE has placed a detainer. ICE may file an immigration detainer (Form I-247A) with the jail, requesting that you be held after your criminal case resolves. Ask your attorney to check for a detainer immediately.
6. Explore all available relief. Depending on your case, relief options may include cancellation of removal (INA §240A), asylum or withholding of removal, adjustment of status, or a voluntary departure order (maximum period: 120 days under 8 CFR §1240.26). If you receive an order of removal, you have 30 days to appeal to the Board of Immigration Appeals (BIA); a motion to reopen must be filed within 90 days.

What the Law Says

The primary legal framework governing deportation of non-citizens based on criminal conduct is found in the Immigration and Nationality Act (INA):

• INA §237(a)(2) — enumerates criminal grounds of deportability, including aggravated felonies, CIMTs, drug offenses, firearms violations, and domestic violence.
• INA §101(a)(43) — defines "aggravated felony" for immigration purposes. This definition is broader than in criminal law: some misdemeanors qualify.
• INA §240A — cancellation of removal: allows certain long-term residents to avoid deportation if they meet continuous presence, good moral character, and hardship requirements.
• INA §241(b)(3) — withholding of removal: prohibits return to a country where a person faces persecution on protected grounds, even after a deportable conviction.
• 8 CFR §1240.26 — governs voluntary departure, with a statutory maximum of 120 days when granted at the conclusion of proceedings.

Immigration attorney Ilya Fishkin regularly advises non-citizens navigating the intersection of criminal charges and immigration consequences. For case-specific analysis, consult an experienced immigration lawyer before making any decisions in your criminal case.

For official guidance on deportation procedures and your rights, visit U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ). Current filing fees and form instructions are available at USCIS.gov.

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