ICE has increasingly sought to detain and deport foreign nationals deemed to have committed certain criminal activities. In case you are wondering just what crimes make an immigrant deportable, here are the details you need to know in simple terms.Â
What crimes can lead to deportation?
The ICE priorities in respect of crime for which there may be grounds for removal of an alien are threefold:
- Aggravated felonies: This consists of murder, rape, drug trafficking, and gun offenses. A conviction for an aggravated felony can make a non-citizen subject to removal.
- Crimes involving moral turpitude (CIMT): The moral turpitude offenses generally involve acts that the conscience of a person would fly from, such as fraud, theft, or assault. A conviction for a CIMT is grounds for deportation, particularly when it occurs within a particular timeframe after entry to the U.S.
- Controlled substance violations: Offenses concerning illegal drugs, including their possession, distribution, or even trafficking, are grounds for deportability. Even petty acts concerning drug violations can have grave immigration consequences.
- Firearm offenses: Illegal possession, sale, or use of firearms is a foundation for deportation. Non-citizens convicted of firearm-related offenses are subject to removal from the U.S.
- Domestic crimes: convictions for domestic violence, stalking, child abuse, or violation of protection orders could be basis for deportation from the U.S. The U.S. considers these crimes very seriously, so a foreign national found guilty may be deported.
How does ICE determine which crimes are deportable?
ICE adheres to standards established by U.S. immigration law in determining deportable offenses. The focus of the agency is to remove non-citizens who pose a risk to public safety or national security. This includes serious crimes, habitual offenders, and gang members.
Can minor offenses lead to deportation?
There are seemingly insignificant offenses that can incur immigration consequences. For instance, certain misdemeanor convictions for which certain non-citizens of the U.S. become eligible for deportation include moral turpitude or substance abuse convictions. It is necessary to recognize that immigration law considers some crimes more severely than under criminal law.
What should you do if you’re facing criminal charges as a non-citizen?
If you’re a non-citizen facing criminal charges, it’s crucial to:
- Seek legal counsel: Consult with an attorney experienced in both criminal and immigration law to understand the potential consequences of your case.
- Understand your rights: Be aware of your legal rights during criminal proceedings and in immigration matters.
- Consider immigration consequences: Before accepting any plea deals or making legal decisions, consider how they might affect your immigration status.
Navigating the intersection of criminal law and immigration law can be complex. Taking informed steps can make a significant difference in your case.
Continue reading:
What is an H-1B visa and why has Elon Musk clashed with MAGA supporters over the immigration policy
