Crimes That Lead to Deportation: A Guide for Non-Citizens

Understanding Criminal Offenses That Can Lead to DeportationCrimes That Can Lead to Deportation: What Non-Citizens Should Know About Immigration Law

Navigating the complexities of U.S. immigration law is crucial for non-citizens, especially when it comes to understanding how certain criminal offenses can lead to deportation. Specific categories of crimes, notably Crimes Involving Moral Turpitude (CIMTs)and Aggravated Felonies, carry significant immigration consequences. This guide aims to elucidate these offenses and their potential impact on non-citizens.

Crimes Involving Moral Turpitude (CIMTs)

Definition: CIMTs refer to conduct that gravely violates the accepted moral standards of the community. While U.S. immigration law doesn’t provide a precise definition, courts have interpreted CIMTs as acts that are inherently base, vile, or depraved, and contrary to societal moral standards.  

Examples of CIMTs:

• Fraud: Offenses involving intentional deception for personal or financial gain, such as embezzlement or forgery.
• Theft: Crimes like burglary or larceny, where there is an intent to permanently deprive someone of their property.
• Assault: Particularly offenses that involve intent to cause serious bodily harm and/or family violence offenses.

Immigration Consequences:

• Deportability: A non-citizen may be deportable if convicted of a CIMT committed within five years of admission to the U.S., provided the offense carries a potential sentence of one year or more.
• Multiple CIMTs: Conviction of two or more CIMTs not arising from a single scheme can render a non-citizen deportable, irrespective of when the offenses occurred. 

Aggravated Felonies

Definition: The term “aggravated felony” encompasses a broad range of offenses under U.S. immigration law. Notably, some crimes classified as aggravated felonies may not be considered felonies under state law.  

Examples of Aggravated Felonies:

• Murder, Sexual Assault, or Sexual Assault of a Minor: Severe offenses that inherently carry significant moral and legal culpability.
• Drug Trafficking: Offenses involving the illicit trafficking of controlled substances. 
• Firearms Offenses: Crimes related to the illegal trafficking of firearms or destructive devices.
• Fraud or Tax Evasion: Offenses where the loss to the victim exceeds $10,000. 

Immigration Consequences:

• Deportation: Conviction of an aggravated felony can lead to expedited removal proceedings with limited avenues for relief.
• Inadmissibility: Individuals convicted of aggravated felonies are generally barred from re-entering the U.S. 
• Naturalization Bar: Such convictions permanently disqualify a non-citizen from obtaining U.S. citizenship.

Other Deportable Offenses

Beyond CIMTs and aggravated felonies, other offenses can also lead to deportation:

• Controlled Substance Violations: Convictions related to drug offenses, excluding a single offense of possession of 30 grams or less of marijuana, can result in deportation.
• Firearm Offenses: Unlawful possession, use, or sale of firearms can make a non-citizen deportable.
• Domestic Violence: Crimes such as domestic violence, stalking, child abuse, or violation of protection orders can lead to removal proceedings.

Legal Strategies and Considerations

For non-citizens facing criminal charges:

1. Seek Experienced Legal Counsel: Engage attorneys knowledgeable in criminal law and immigration law to navigate the complexities of your case.
2. Understand Plea Implications: Be aware that certain plea deals might carry unforeseen immigration consequences.
3. Explore Post-Conviction Relief: In some cases, vacating or modifying a conviction can mitigate immigration repercussions.

Conclusion

Understanding the specific offenses that can lead to deportation is vital for non-citizens residing in the U.S. Both CIMTs and aggravated felonies carry severe immigration consequences. Proactive legal planning and informed decision-making are essential to navigate these challenges effectively. 

David Smith is Board Certified, Criminal Law–Texas Board of Legal Specialization.  David Smith is not certified by the Texas Board of Legal Specialization in Immigration and Nationality Law.