The Connection Between Criminal Law and Immigration Law: What You Need to Know

Imagine making one small decision that sets off a chain reaction of events with serious consequences. That’s exactly how the relationship between criminal law and immigration law feels for noncitizens in the United States. These two fields don’t just intersect—they collide, and the result can significantly alter someone’s life. In this blog, we’re diving into this complex world where criminal justice and immigration enforcement meet, and what that means for those who are caught in between.

Criminal Law and Deportability: The Domino Effect

You might think that only major crimes threaten someone’s ability to stay in the U.S., but that’s far from true. Even a minor offense can set off a chain reaction that leads to deportation. Under U.S. immigration law, certain criminal convictions—like crimes involving moral turpitude (CIMTs), drug offenses, aggravated felonies, and even domestic violence-related crimes—can make noncitizens deportable. An arrest or conviction in criminal court can be the first domino that tumbles all the way to immigration court and removal from the United States.

Crimes involving moral turpitude, for instance, are loosely defined as offenses that are considered inherently dishonest or immoral. These can include theft, fraud, or assault—things that might seem minor but can have major immigration consequences. Drug offenses, even those involving simple possession, can also lead to serious immigration trouble. And then there’s the term “aggravated felony,” which sounds severe but can include crimes that aren’t even considered felonies under state law. Nevertheless, it can lead to mandatory deportation and prevent any hope of relief.

Criminal Convictions and Immigration Relief: The Roadblocks

A criminal record doesn’t just affect your freedom—it can block your path to immigration benefits as well. Want a green card? Hoping to become a U.S. citizen? Your criminal history might stand in the way. Crimes involving moral turpitude or multiple convictions can render you inadmissible. This makes you ineligible to enter the U.S. or receive certain immigration benefits.

When it comes to naturalization, having a “good moral character” is a must. Criminal convictions, even those not leading to deportation, can prevent you from proving good moral character. This may result in a denial of your naturalization application. And some offenses, like falsely claiming U.S. citizenship or committing fraud, can slam the door shut permanently.

The Role of Criminal Defense Attorneys: Heroes in the Shadows

A noncitizen facing criminal charges benefits greatly from a criminal defense attorney. An attorney with immigration law expertise is invaluable. The 2010 Supreme Court decision in Padilla v. Kentucky made it clear: defense attorneys must inform noncitizen clients about the potential immigration fallout of a guilty plea. This decision was significant because it emphasized understanding immigration consequences as part of effective legal counsel. It ensures noncitizens fully understand the risks of accepting a plea deal. This means negotiating deals that minimize or even eliminate immigration consequences. For example, reducing a drug charge or choosing alternative sentencing can make a significant difference. It may determine staying in the U.S. or facing deportation.

Immigration Law and Criminal Convictions: A Different Lens

Here’s the tricky part: immigration law doesn’t view criminal convictions the same way the criminal justice system does. In immigration court, a conviction could mean any formal admission of guilt or even a plea deal—regardless of what the sentence was. Even if the charges were dismissed after probation or a deferred adjudication, it can still be considered a conviction for immigration purposes. This unique interpretation can be bewildering, and it’s why having the right legal guidance is so crucial.

Navigating the Intersection between Immigration Law and Criminal Law with Care

The relationship between criminal law and immigration law is like a minefield—one wrong step can have explosive, life-altering consequences. For noncitizens, a criminal conviction doesn’t just mean facing potential penalties like jail time; it could also mean losing your chance to live in the U.S. Understanding the overlap between these two areas is critical, not only for those facing criminal charges but also for the attorneys who represent them.

If you or someone you know is in this precarious position, seeking guidance from a professional who understands both criminal and immigration law is absolutely vital. Remember, what happens in criminal court doesn’t stay in criminal court—it can ripple out and change your entire future. Every decision matters, and every move counts.

If you’re facing criminal charges and worried about the impact on your immigration status, reach out to an immigration attorney today. The right legal help can make all the difference in navigating this complex journey and protecting your future.