What Criminal Offenses Are Deportable?
Criminal charges have an especially strong impact on immigration cases and on defendants who aren’t United States citizens. For non-citizens, including green card holders, certain criminal offenses can make someone “deportable,” meaning the U.S. government can try to remove them from the country, even after years of lawful residence.
Immigration and Customs Enforcement (ICE) often acts quickly when someone has a serious criminal conviction or, sometimes, just charges. ICE can put non-citizens in removal proceedings while still serving a sentence, or simply after any conviction the law says makes someone deportable.
Crimes That Can Make You Deportable
The rules about which crimes cause removal from the U.S. are complicated and change over time. However, there are some categories of crimes that immigration courts see again and again, and anyone who fits into them should get immediate legal advice when facing criminal charges.
Aggravated Felonies
In immigration law, “aggravated felony” means something specific (and is not always the same as a felony under state law). These are considered some of the most serious crimes and nearly always carry serious immigration consequences, including fast-track deportations.
Examples of aggravated felonies include:
- Certain drug possession offenses
- Drug trafficking, including sales or intent to distribute
- Firearms trafficking or illegal weapons trade
- Sexual abuse of a minor
- Fraud or tax evasion schemes involving more than $10,000 loss
- Serious crimes of violence
An aggravated felony can include some crimes that don’t sound as serious on the surface, like certain drug offenses, so if you’re facing charges, it’s important to work with a criminal defense lawyer who has experience with immigration issues as well.
Crimes Involving Moral Turpitude (CIMTs)
Crimes involving moral turpitude are those believed to show bad moral character or “a corrupt mind.” Just one conviction for this type of offense can make buying a house, gaining benefits, or pursuing citizenship harder. Multiple CIMTs may mean a direct path to deportation.
Common CIMTs include:
- Theft (shoplifting and property crimes)
- Fraud (such as credit card fraud)
- Domestic violence
- Some assault crimes, like assault with intent to do harm or using a deadly weapon
Facing any of these charges as a non-citizen means it’s crucial to talk with an immigration and criminal defense attorney immediately. Some convictions will automatically start deportation proceedings and prevent almost all options to stay in the U.S.
Defenses Against Deportation Based on Criminal Charges
If you or a loved one is facing possible deportation due to criminal charges, there are several legal strategies that may prevent removal from the United States. The right defense will depend on both the status of your criminal case and your immigration history.
Challenging the Criminal Charge
Defending against the underlying charge itself is one of the most effective approaches. If the charge is dismissed, reduced, or you’re found not guilty, you may avoid collateral consequences related to immigration status. Working with an attorney who understands both criminal and immigration law can raise defenses that could get your case thrown out.
Waivers of Inadmissibility
A waiver means asking USCIS or an immigration judge to forgive certain grounds of deportability. If approved, a waiver can allow someone to keep or regain their resident status even with a record. These waivers can also depend on demonstrating hardship, rehabilitation, or that the crime was a one-time mistake a long time ago.
The Importance of “Immigration-Safe” Plea Negotiation
Making the right choices with your attorney before accepting a guilty plea can shape your future. With good legal guidance, it may be possible to work out a plea agreement to charges that don’t come with immigration penalties, keeping you eligible to stay in the U.S.
For example, a prosecutor may allow you to plead guilty to disorderly conduct instead of a drug possession charge.
Call the Birmingham Criminal Defense Attorneys at Jaffe, Hanle, Whisonant & Knight, P.C. Today for a Free Case Review
Having informed legal advocacy is essential if you’re up against criminal charges or removal by ICE. At Jaffe, Hanle, Whisonant & Knight, P.C., our attorneys have 100 years of combined experience and are ready to help you understand your rights and options.
Our team has experience handling all types of criminal charges, so we understand how they interact with immigration issues.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800