Crimmigration: criminal and immigration consequences

How criminal and immigration law overlap

The word crimmigration describes the place where criminal law and immigration law meet. For a non-citizen, the outcome of a criminal case can carry immigration consequences that are far more serious than the sentence itself. A conviction, and sometimes even the underlying conduct, can make a person inadmissible (INA section 212(a)(2)) or deportable (INA section 237(a)(2)), which can lead to removal, denial of a green card, or denial of citizenship.

The categories that matter most

Immigration law groups criminal issues into categories that carry different consequences. The ones that come up most often are:

• Crimes involving moral turpitude. A broad and heavily litigated category that can affect both admissibility and deportability.
• Aggravated felonies. A special immigration term (INA section 101(a)(43)) that, despite its name, can include offenses that are not felonies under state law. The consequences are severe.
• Controlled substance offenses. Even a single drug-related conviction can have serious immigration effects.

Whether a particular charge falls into one of these categories is a technical legal question that turns on the exact statute and record, not just the name of the offense.

Why the immigration definition is different

Immigration law has its own definition of a conviction (INA section 101(a)(48)). Because of that definition, outcomes that feel like a win in criminal court can still count against a person in immigration court. A plea with no jail time, a case resolved through certain diversion programs, or a conviction that was later expunged under state law may still be treated as a conviction for immigration purposes. This is why a non-citizen should never assume that a favorable-sounding criminal result is safe for immigration.

The right to be advised: Padilla v. Kentucky

The stakes are so high that the U.S. Supreme Court held, in Padilla v. Kentucky (2010), that a criminal defense lawyer must advise a non-citizen client about the risk that a guilty plea could lead to deportation. Good outcomes usually come from criminal defense counsel and immigration counsel working together, so the criminal case can be resolved in a way that protects the client's immigration future where possible.

Arrests, detainers, and acting early

Immigration consequences can begin before any conviction. An arrest can lead immigration authorities to place a detainer, a request that a jail hold a person so they can be taken into immigration custody, and contact from immigration enforcement can follow a booking. That is why the safest time to involve an immigration attorney is early, ideally while the criminal case is still open, not after it is resolved. Acting early gives the most room to protect status, to coordinate with criminal defense counsel, and to avoid a resolution that quietly creates an immigration problem that is far harder to fix later.

What can be done

Depending on where a case stands, options may include:

• Analyzing the immigration consequences of a charge before a plea, and coordinating with the criminal defense attorney to seek an alternative disposition.
• Post-conviction relief, such as a motion to vacate a conviction that was obtained without proper advice about immigration consequences.
• Identifying waivers or forms of relief that may still be available despite a conviction.
• Building a defense in removal proceedings where a conviction is being used to seek deportation.

The firm reviews the criminal record carefully and looks for every avenue to protect a client's status.

Questions about crimmigration