The Impact of Criminal Convictions on Immigration Status

For non-citizens in the United States, a criminal conviction can have profound and lasting effects on immigration status, potentially leading to deportation, denial of entry, or ineligibility for citizenship. Understanding the legal framework governing these consequences is crucial, especially in light of the current administration’s aggressive push to deport non-citizens, supposedly starting with people accused or convicted of committing crimes. Learn more below, and contact Gladstein & Messinger, P.C., for advice and representation from a dedicated New York immigration removal and deportation defense lawyer.

Legal Framework: How Criminal Convictions Affect Immigration Status

Under the Immigration and Nationality Act (INA), certain criminal convictions can render a non-citizen inadmissible or deportable. Key categories include:​

• Crimes Involving Moral Turpitude (CIMTs): Offenses that are inherently dishonest or immoral, such as fraud or theft, can lead to inadmissibility or deportation, particularly if committed within five years of admission and punishable by at least one year in prison.​
• Aggravated Felonies: A broad category encompassing serious crimes like murder, rape, and drug trafficking. Conviction of an aggravated felony often results in mandatory deportation without the possibility of relief.​
• Controlled Substance Offenses: Convictions related to drug offenses, excluding possession of 30 grams or less of marijuana, can lead to removal proceedings.​
• Multiple Convictions: Two or more convictions with aggregate sentences of five years or more can also trigger inadmissibility.​

Even lawful permanent residents (green card holders) are not immune; certain convictions can lead to loss of status and removal.​ That said, it is important to note that not all criminal cases can or should lead to deportation. Given today’s political climate, it is unwise to rely on agencies like ICE and DHS to respect your rights; get an immigration lawyer on your side who knows the law and will fight to see it is upheld in your case.

Legal Protections and Waivers

While the consequences are severe, some legal protections exist:​

• 212(h) Waiver: Available for certain CIMTs and controlled substance offenses, this waiver requires demonstrating rehabilitation and that removal would cause extreme hardship to a U.S. citizen or lawful permanent resident family member. However, waivers are discretionary and not guaranteed; eligibility depends on various factors, including the nature of the offense and the individual’s immigration history.​
• Padilla v. Kentucky (2010): Recognizing the profound impact of convictions on immigration status, the Supreme Court in this case held that criminal defense attorneys must inform non-citizen clients about the deportation risks of guilty pleas.

Enforcement Practices Under the Trump Administration

The Trump administration has adopted an aggressive stance on immigration enforcement, often pushing the boundaries of legal norms. Notably, the use of the Alien Enemies Act, a rarely invoked 1798 law, has raised concerns. For instance, in the case of Kilmar Abrego Garcia, a Salvadoran man with no criminal charges, the administration deported him despite a court order prohibiting his removal. The deportation was later acknowledged as an “administrative error,” yet the administration has not complied with a Supreme Court ruling ordering the chief executive to facilitate Garcia’s return. ​

Furthermore, the administration has targeted individuals based on alleged affiliations without due process. In one instance, over 130 Venezuelans were deported without court hearings, justified by unsubstantiated claims linking them to gangs allegedly supported by the Venezuelan government—a claim contradicted by U.S. intelligence assessments. ​

These actions have drawn bipartisan criticism and legal challenges, with courts emphasizing the necessity of due process and adherence to constitutional protections.​

Contact Gladstein & Messinger for Deportation and Removal Defense in New York

Criminal convictions can have dire consequences for non-citizens, affecting their ability to remain in or enter the United States. While legal avenues for relief exist, recent enforcement practices have highlighted the precariousness of relying solely on legal protections. It is imperative for individuals facing criminal charges to seek competent legal counsel to represent them at the complex intersection of criminal and immigration law.​

At Gladstein & Messinger, P.C., we are committed to defending the rights of immigrants and ensuring that due process is upheld. If you or a loved one is confronting immigration challenges related to criminal convictions, our experienced attorneys are here to provide guidance and representation.​ Contact our office for advice and immediate support from a skilled and experienced deportation and removal defense lawyer.