How Criminal Charges Can Impact Your Immigration Status: What Non-Citizens Need to Know

Navigating the complexities of the U.S. legal system can be daunting, especially for non-citizens. Facing criminal charges adds another layer of uncertainty, as such charges can have profound implications on one’s immigration status. Understanding the intersection between criminal law and immigration consequences is crucial for non-citizens to protect their rights and future in the United States.

The Intersection of Criminal Law and Immigration

U.S. immigration laws are intricately linked with the criminal justice system. Certain criminal convictions can render non-citizens inadmissible, deportable, or ineligible for relief. It’s essential to recognize that even minor offenses can have significant immigration consequences.

Crimes Involving Moral Turpitude (CIMT)

Crimes involving moral turpitude refer to offenses that gravely violate societal moral standards. Examples include fraud, theft, and assault with intent to cause serious harm. A conviction for a CIMT can lead to deportation or inadmissibility, particularly if the crime was committed within five years of admission to the U.S. or if multiple CIMTs occur at any time.

Aggravated Felonies

The term “aggravated felony” encompasses a broad range of offenses under immigration law, including drug trafficking, murder, and certain theft or violent crimes with a sentence of at least one year. Conviction of an aggravated felony can result in severe consequences, such as mandatory detention and expedited removal without the possibility of relief.

Controlled Substance Violations

Convictions related to controlled substances, excluding a single offense of possession of 30 grams or less of marijuana, can make a non-citizen deportable and ineligible for various forms of relief. Even paraphernalia charges can have detrimental immigration outcomes.

Recent Legal Developments

Recent legal developments have further complicated the landscape for non-citizens with criminal charges:

• Supreme Court Rulings: In Barton v. Barr, the Supreme Court held that certain offenses committed within the initial seven years of residence could disqualify non-citizens from cancellation of removal relief.
• Detention Policies: The ruling in Nielsen v. Preap states a noncitizen does not become exempt from mandatory detention under 8 U.S.C. § 1226(c) through the failure of the Secretary of Homeland Security to take him into immigration custody immediately upon release from criminal custody.

Actionable Advice for Non-Citizens Facing Criminal Charges

Given the high stakes, non-citizens must take proactive steps when confronted with criminal charges:

1. Seek Competent Legal Counsel

Engage an attorney experienced in both criminal defense and knowledgeable in immigration law.  Competent defense attorneys in criminal law frequently seek the official advice of an immigration specialist, to provide specific advice if the client is not a United States citizen.

2. Understand the Charges and Potential Consequences

Gain a clear understanding of the nature of the charges against you and how they align with immigration laws. Not all convictions lead to deportation, but many can affect your status. Knowledge is power in making informed decisions.

3. Avoid Plea Deals Without Immigration Advice

Some plea agreements may seem favorable in the criminal context but carry severe immigration repercussions. Before accepting any plea deal, consult with your attorney about its potential impact on your immigration status.

4. Explore Post-Conviction Relief

If you’ve already been convicted, certain legal remedies might be available to vacate or modify the conviction, potentially alleviating immigration consequences. An experienced attorney can assess the viability of such options.

5. Maintain Comprehensive Records

Keep detailed records of all interactions with law enforcement and the judicial system. Documentation can be invaluable in immigration proceedings and in seeking relief or adjustments to your status.

6. Be Aware of Reporting Obligations

Some immigration statuses require individuals to report arrests or convictions to U.S. Citizenship and Immigration Services (USCIS). Failure to comply can result in additional complications.  Consult with a criminal defense attorney and immigration attorney, if possible before reporting.

7. Stay Informed About Policy Changes

Immigration policies and enforcement priorities can change, and they frequently do. Regularly consult with your attorney and reputable organizations to stay updated on developments that may affect your situation.

Conclusion

The intersection of criminal law and immigration is complex and fraught with potential pitfalls for non-citizens. A criminal charge, no matter how minor it may seem, can have lasting repercussions on one’s ability to remain in or return to the United States. Proactive measures, informed decision-making, and competent legal counsel are essential in navigating these challenges.

If you or a loved one are facing criminal charges and are concerned about the immigration consequences, it’s imperative to consult with an experienced attorney who understands the nuances of both legal systems. Protect your future by seeking professional guidance tailored to your unique circumstances.

*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.