Crimmigration: Criminal Immigration Consequences

A criminal conviction — even a misdemeanor — can trigger serious immigration consequences: deportation, inadmissibility, or a permanent bar to naturalization. Under INA §237 and INA §212, non-citizens convicted of aggravated felonies, crimes involving moral turpitude (CIMTs), or controlled substance offenses become deportable or inadmissible. Consult an attorney before entering any plea. Check your options at the official USCIS website.

What Is Crimmigration?

Crimmigration is the intersection of criminal law and immigration law. A criminal charge or conviction can activate the immigration enforcement machinery — resulting in ICE detention, deportation proceedings, or a permanent bar to obtaining any future immigration benefit. Both lawful permanent residents (green card holders) and undocumented immigrants are affected. Even a dismissed charge or an expunged conviction may still carry immigration consequences under federal law.

When Criminal Convictions Trigger Immigration Consequences

Not every offense leads to deportation, but the following categories are the most dangerous for non-citizens:

• Aggravated felonies (INA §101(a)(43)): Murder, drug trafficking, firearms offenses, fraud over $10,000, and many others. A conviction almost always results in mandatory deportation and a lifetime bar to re-entry.
• Crimes involving moral turpitude (CIMTs): Theft, fraud, assault with intent to harm. One CIMT within five years of admission, or two CIMTs at any time, triggers deportability under INA §237(a)(2)(A).
• Controlled substance offenses (INA §237(a)(2)(B)): Any drug conviction except a single offense of simple possession of 30 grams or less of marijuana may lead to deportation.
• Domestic violence offenses (INA §237(a)(2)(E)): Conviction for domestic violence, stalking, or violation of a protective order.
• Two or more criminal convictions: Aggregate sentence of five or more years renders a non-citizen deportable regardless of offense type.

Step-by-Step: What to Do If You Face Criminal Charges as a Non-Citizen

1. Hire a crimmigration attorney immediately. Retain counsel before entering any plea. Your criminal defense attorney must advise you of immigration consequences under Padilla v. Kentucky (2010), but an immigration specialist adds critical expertise. Ilya Fishkin, immigration attorney focuses on deportation defense and can assess your exposure.
2. Request an immigration consequence analysis. Before pleading guilty, ask your attorneys to review whether the charged offense is a CIMT, aggravated felony, or other deportable category under INA §237 or INA §212.
3. Explore plea alternatives. A negotiated plea to a lesser, non-deportable offense, deferred adjudication, or diversion program may preserve your immigration status. The specific charge, not the sentence length, usually determines deportability.
4. Check for relief from deportation. If removal proceedings begin, file for cancellation of removal (INA §240A), withholding of removal (INA §241(b)(3)), or protection under the Convention Against Torture (CAT) if applicable.
5. File a Motion to Reopen if convicted. If a conviction is vacated or modified, you may file a Motion to Reopen the immigration case within 90 days of the final order of deportation to challenge the basis for removal.
6. Apply for a Stay of Deportation if detained. If ICE moves to execute a deportation order, file Form I-246 (Stay of Deportation). The current filing fee — verify the exact amount at uscis.gov — applies at the time of submission.

What the Law Says: Key Statutes

The primary crimmigration framework is found in the Immigration and Nationality Act (INA):

• INA §212(a)(2): Grounds of inadmissibility for criminal offenses — bars entry or adjustment of status.
• INA §237(a)(2): Grounds of deportability for non-citizens already admitted to the United States.
• INA §101(a)(43): Defines "aggravated felony" — the broadest and most severe deportation trigger.
• INA §240A: Cancellation of removal — available to lawful permanent residents with 7 years of continuous residence and 5 years as a green card holder, if not convicted of an aggravated felony.
• 8 CFR §1003.23: Governs Motions to Reopen before the immigration courts, with a 90-day filing deadline from the final order of deportation.

For the full statutory text, consult the U.S. Department of Justice website.

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