How State Crimes Affect Immigration Status
Immigrants in the United States, whether they are lawful permanent residents, visa holders, or undocumented individuals, are subject to both state and federal laws. While immigration is governed solely by federal law, a violation of state criminal laws can significantly affect a person’s immigration status. This intersection between state criminal justice systems and federal immigration law can lead to consequences such as deportation, inadmissibility, detention, or denial of immigration benefits.
These laws are complex and subject to change. Additionally, noncitizens sometimes feel like political pawns or feel like they are lost in the system. For these reasons, noncitizens accused of state crimes need assertive representation from a qualified Tampa criminal defense lawyer. Only a lawyer who fully understands the federal immigration consequences of certain state crimes can effectively represent these individuals in state court as well as immigration court.
Key Immigration Consequences of State Crimes
Federal agencies, like the U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), handle most immigration and naturalization matters. However, immigrants live in states and are subject to state laws.
When an immigrant is arrested and convicted of a crime under state law, state authorities transmit that record to federal immigration authorities. Sometimes this transmission process is delayed, but in most cases, the transmission process occurs almost in real time. Even if a crime seems minor under state law or is labeled a misdemeanor, it may have serious implications under federal immigration law.
The nuts and bolts of the interchange between state crimes and federal immigration law is rather complex.
Certain crimes make a non-citizen deportable, meaning they can be removed from the U.S. even if they have lawful status, such as a green card. Crimes that commonly lead to deportation include drug offenses, domestic violence, firearm violations, theft, and crimes involving fraud or deceit.
Other state crimes render a person inadmissible under immigration law. These individuals cannot enter the U.S., get a green card at status adjustment hearings, or otherwise adjust their status. Crimes involving moral turpitude, drug violations, and multiple convictions with total sentences exceeding five years can result in inadmissibility.
Immigration law uses special categories to classify crimes. An “aggravated felony,” for instance, includes many serious crimes like drug trafficking, fraud over $10,000, or certain theft and violent crimes, even if under state law the offense was not called a felony. A single aggravated felony conviction can lead to immediate deportation and a permanent bar on re-entry. Similarly, CIMTs are offenses considered morally wrong, such as theft or assault with intent to harm. Even one CIMT can result in deportability or inadmissibility.
Furthermore, a state crime can disqualify an immigrant from applying for naturalization (citizenship), asylum, cancellation of removal, or other benefits. Some offenses prevent someone from establishing “good moral character,” a requirement for many immigration benefits.
Immigrants who are convicted of certain crimes can be subject to mandatory detention by ICE. This means they may be held in immigration detention without the opportunity for bond while their deportation case is pending.
Not All Convictions Are Equal
The effect of a conviction depends not only on the type of crime, but also on the sentence imposed and how the conviction is defined under immigration law. For example, even if a case is dismissed under state deferred adjudication rules, it may still count as a conviction under federal immigration law if the immigrant pled guilty or admitted facts that show guilt. Expungements under state law generally do not erase the conviction for immigration purposes.
Work With a Detail-Oriented Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
Source:
ice.gov/statistics
