Table of Contents
- Which Criminal Charges Can Cause Deportation
- Crimes of Moral Turpitude and Immigration Status
- Aggravated Felony Deportation Consequences
- How Lawful Permanent Residents Are Affected by Criminal Convictions
- The Deportation Process After Criminal Charges
- How to Fight Deportation After Criminal Charges
- State vs. Federal Law: Why the Distinction Matters for Noncitizens
- Conclusion
Last Updated: August 10, 2026
Which Criminal Charges Can Cause Deportation
Yes, criminal charges can cause deportation, and the consequences can follow a noncitizen even years after a case is resolved. At Kanu & Associates, P.C., we see clients blindsided by immigration consequences they never anticipated when accepting a plea deal or resolving a minor charge.
Deportation is the formal removal of a noncitizen from the United States after the government determines they are removable under federal immigration law. Specific categories of criminal convictions, regardless of sentence length or offense age, can make any noncitizen, including a lawful permanent resident, deportable.
The categories that most commonly trigger removal proceedings are defined under the Immigration and Nationality Act.
Crimes Involving Moral Turpitude (CIMT)
Crimes involving moral turpitude are offenses the law treats as inherently base, vile, or contrary to accepted moral standards. This is one of the broadest and most litigated categories in immigration law, with no simple checklist. Courts apply case-by-case analysis.
Common examples include fraud, theft, assault with intent to harm, and certain sex offenses. A noncitizen becomes deportable for a single CIMT conviction if it occurred within five years of admission and carried a potential sentence of one year or more. Two CIMT convictions at any time after admission also trigger deportability. According to U.S. Citizenship and Immigration Services guidance on inadmissibility grounds, CIMTs are among the most common grounds for both inadmissibility and removal.
Drug-Related Offenses and Firearm Offenses
Drug-related offenses are among the most severe deportation triggers. A conviction for any controlled substance violation, with one narrow exception for a single offense involving possession of 30 grams or less of marijuana for personal use, makes a noncitizen deportable. This includes offenses under state law.
Firearm offenses are treated with similar severity. Any conviction for purchasing, selling, possessing, or carrying a firearm in violation of federal, state, or local law can trigger removal proceedings, regardless of sentence length.
Domestic Violence, Stalking, and Protective Order Violations
A conviction for domestic violence, stalking, child abuse, or violation of a protective order is an independent ground for deportation. Even a misdemeanor domestic violence conviction can initiate removal proceedings. Violating a civil protective order can constitute a deportable offense under federal immigration law.
Crimes of Moral Turpitude and Immigration Status
CIMT consequences depend heavily on timing, offense nature, and the noncitizen’s current status. The "petty offense exception" provides limited relief: a noncitizen is not deportable for a single CIMT if the maximum possible sentence was one year or less and the actual sentence imposed was six months or less. This exception is narrow and frequently misunderstood.
A state may classify an offense as a misdemeanor, but immigration law applies its own definitions independently. An offense carrying no jail time under state sentencing guidelines can still be treated as a CIMT based on the elements of the crime.
Never assume a plea deal to a lesser charge eliminates immigration consequences. Immigration law looks at the elements of the offense, not just the label the state attaches to it. A plea to “disorderly conduct” involving an admission of dishonest conduct may still qualify as a CIMT.
Aggravated Felony Deportation Consequences
Aggravated felony deportation consequences are the harshest in the immigration system. The term "aggravated felony" is misleading: it does not require a felony conviction under state law, and many qualifying offenses are not inherently "aggravated."
Under federal immigration law, aggravated felonies include murder, rape, drug trafficking, firearms trafficking, fraud or deceit offenses where victim loss exceeds a statutory threshold, theft offenses with a sentence of one year or more, and crimes of violence with a sentence of one year or more. The full list under 8 U.S.C. § 1101(a)(43) defining aggravated felonies covers dozens of offense categories.
The consequences of an aggravated felony conviction are severe and largely irreversible:
- The noncitizen is deportable regardless of U.S. residence length
- Lawful permanent residents lose eligibility for most relief forms
- The person becomes permanently inadmissible after removal
- Mandatory detention applies in most cases
- Asylum is generally unavailable
A sentence of one year or more, even if suspended, can convert an otherwise minor offense into an aggravated felony for immigration purposes.
An aggravated felony conviction strips a noncitizen of nearly every defense available in immigration court. The time to intervene is before the criminal case resolves, not after.
How Lawful Permanent Residents Are Affected by Criminal Convictions
Lawful permanent residents are not immune from deportation. Many green card holders believe their status protects them from removal, but this is a dangerous misconception.
A lawful permanent resident can be placed in removal proceedings for any deportable offense category. Length of time as an LPR provides limited protection. A green card holder who has lived in the United States for 20 years can still be deported for a single aggravated felony conviction.
Cancellation of removal for permanent residents requires five years as an LPR, continuous U.S. residence for at least seven years after lawful admission, and no aggravated felony conviction. Meeting all three criteria establishes eligibility but does not guarantee relief. LPR status offers a wider range of potential defenses than other immigration statuses, but it does not provide immunity.
The Deportation Process After Criminal Charges
The deportation process begins when the Department of Homeland Security issues a Notice to Appear, which formally initiates removal proceedings before an immigration judge.
Mandatory Detention and Immigration Court
Mandatory detention applies to noncitizens convicted of certain offense categories, including aggravated felonies, most drug offenses, and firearm offenses. The government is not required to offer bond, and the noncitizen remains in immigration custody while their case is pending.
Removal proceedings involve multiple hearings before an immigration judge. The noncitizen has the right to present defenses, apply for relief, and appeal adverse decisions to the Board of Immigration Appeals. According to TRAC Immigration data on removal proceedings outcomes, noncitizens represented by counsel achieve significantly better outcomes than those appearing without representation.
How to Fight Deportation After Criminal Charges
Fighting deportation after criminal charges is possible, but strategy depends entirely on the specific offense, immigration history, and available relief options.
The first step is thorough analysis of the criminal conviction itself. Many convictions that appear to trigger deportation can be challenged based on how immigration law defines the offense, conviction validity, or available post-conviction relief.
Post-Conviction Relief and Vacated Convictions
Post-conviction relief refers to legal remedies that challenge conviction validity after entry. A vacated conviction generally eliminates immigration consequences, provided the vacation was based on a legal defect in the original proceedings.
Common forms include motions to withdraw guilty pleas based on ineffective assistance of counsel, particularly where defendants were not advised of immigration consequences; expungements and set-asides under state law; writs of habeas corpus; and direct appeals. The U.S. Supreme Court held in Padilla v. Kentucky that criminal defense attorneys have a constitutional obligation to advise noncitizen clients of guilty plea immigration consequences. Failure to provide that advice can be grounds for post-conviction relief.
If you accepted a plea deal without being told about immigration consequences, speak with an attorney about a Padilla claim. Courts have granted post-conviction relief where defense counsel failed to warn clients that a plea would result in mandatory deportation.
Prosecutorial Discretion, Waivers, and Deferred Action
Prosecutorial discretion is the authority of immigration enforcement officials to decide whether to initiate, continue, or dismiss removal proceedings. Even where a deportable offense exists, the government retains discretion.
Factors influencing prosecutorial discretion include length of U.S. residence, family ties to U.S. citizens or residents, military service, age at entry, and rehabilitation evidence. Waivers of inadmissibility are available for certain grounds of deportability. The most commonly sought is the 212(h) waiver, covering certain criminal grounds. Deferred action delays removal proceedings without conferring legal status, providing temporary protection.
State vs. Federal Law: Why the Distinction Matters for Noncitizens
State and federal law often define offenses differently, and immigration law applies its own framework independently. A conviction that constitutes a misdemeanor under state law may be treated as a felony for immigration purposes if the maximum possible sentence exceeds one year.
This distinction matters most in three areas:
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Drug offenses: State marijuana laws have changed significantly, but federal immigration law still treats marijuana as a controlled substance. A conviction under state law in a legalized jurisdiction can still trigger removal.
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Theft and fraud offenses: Immigration law applies specific sentence thresholds. A state court sentence of 364 days avoids the one-year aggravated felony threshold, making sentence negotiation critical.
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Expungements: Many states allow criminal records to be expunged, but federal immigration law does not recognize most state expungements as eliminating a conviction for immigration purposes.
| Scenario | State Law Result | Immigration Law Result |
|---|---|---|
| Marijuana possession in a legalized state | No criminal penalty | Still a deportable controlled substance offense under federal law |
| Misdemeanor theft, 364-day sentence | State misdemeanor | Avoids aggravated felony threshold by one day |
| State expungement of drug conviction | Record cleared | Conviction still counts for immigration purposes |
| Suspended one-year sentence for theft | No incarceration | Qualifies as aggravated felony, removal consequences apply |
| Domestic violence misdemeanor | Minor criminal record | Independent deportable offense under immigration law |
Noncitizens cannot rely on criminal court outcomes alone to assess immigration risk. The two systems operate independently, and immigration consequences are often far more severe than criminal penalties.
Facing criminal charges as a noncitizen means navigating two separate legal systems simultaneously, and a mistake in one can determine the outcome in the other. Kanu & Associates, P.C. provides representation covering both the criminal defense and immigration sides of these cases, so clients in Arizona and New Mexico do not have to choose between separate legal teams. If you or someone you know is facing charges that could affect immigration status, contact Kanu & Associates, P.C. to discuss your options before the criminal case resolves.
Frequently Asked Questions
What criminal charges can get you deported?
Several categories of offenses can trigger removal proceedings for a noncitizen. These include aggravated felonies, crimes involving moral turpitude, controlled substance violations, firearm offenses, domestic violence convictions, and crimes against national security. Even a misdemeanor can make a person deportable depending on the sentence imposed and how federal immigration law classifies the offense. The specific facts of each conviction, not just the charge label, determine the immigration consequences.
Does a misdemeanor lead to deportation in the U.S.?
Yes, in some situations. A misdemeanor can qualify as a crime involving moral turpitude or even an aggravated felony under federal immigration law if the sentence imposed meets certain thresholds. For example, a theft misdemeanor with a sentence of one year or more can be classified as an aggravated felony regardless of the state label. Noncitizens should never assume a misdemeanor is automatically safe from an immigration standpoint without consulting an attorney who handles both criminal defense and immigration law.
How does an aggravated felony affect immigration status?
An aggravated felony conviction carries some of the harshest immigration consequences under U.S. law. It makes a noncitizen deportable, bars them from most forms of relief before an immigration judge, and can result in a permanent bar to re-entry. Lawful permanent residents lose eligibility for cancellation of removal. The aggravated felony category covers a broad range of offenses, including theft, fraud, crimes of violence, and drug trafficking, even when the underlying state conviction is treated as a misdemeanor.
What crimes does immigration not forgive?
Aggravated felonies are the hardest to overcome in removal proceedings. A conviction in this category eliminates most deportation defenses and typically results in mandatory detention while the case is pending. Crimes involving moral turpitude committed within a certain period after admission to the U.S. also carry severe consequences. Drug trafficking offenses, firearm offenses, and crimes against national security similarly offer very limited avenues for relief. Post-conviction relief, such as vacating a conviction, may be the only path forward in these cases.
This article was written using GrandRanker