When an immigrant is charged with a crime, U.S. Immigration and Customs Enforcement (ICE) files a detainer with law enforcement, asking them to keep the person incarcerated under federal officials assuming custody. As a result, a non-citizen’s immigration status may be significantly impacted by criminal charges, even if the charges did not result in a conviction. These consequences may include deportation and ineligibility for immigration benefits.

Anyone facing criminal charges should consult with a criminal defense lawyer to properly comprehend the potential effects the charges may have on their immigration status. Here are some of the ways criminal charges can affect the status of visa holders, lawful permanent residents, and undocumented immigrants:

Deportation (removal)

Criminal convictions can prompt deportation for non-citizens. Certain offenses, especially those classified as “aggravated felonies” under federal law, can lead to an individual being placed in removal (deportation) proceedings. U.S. immigration law classifies aggravated felonies as serious crimes that can lead to severe consequences for non-citizens.

Here are some offenses that would likely be considered aggravated felonies under federal immigration law:

• Drug trafficking: Any drug trafficking offense—including possession with the intent to distribute or sell drugs—is considered an aggravated felony under federal immigration law.
• Firearms offenses: Convictions involving the illegal possession, use, or sale of firearms can be classified as aggravated felonies.
• Fraud or tax evasion: Crimes involving fraud, deceit, or tax evasion that resulted in the victim’s loss of more than $10,000 can also be classified as aggravated felonies.
• Murder or manslaughter: Convictions for these offenses in Maryland would be classified as aggravated felonies under federal law.
• Rape or sexual assault: Any conviction for rape, sexual abuse, or exploitation of a minor would likely be considered an aggravated felony for immigration purposes.
• Violent crimes: Crimes of violence, including certain assaults, robberies, or attempted violent crimes, could be classified as an aggravated felony, especially if the penalty is at least one year in prison.
• Theft or burglary: Theft or burglary offenses that result in a sentence of at least one year in prison may be considered aggravated felonies.
• Alien smuggling: Convictions for smuggling or trafficking of immigrants other than immediate family members can lead to aggravated felony charges.
• Money laundering: Money laundering, particularly if it involves over $10,000, is also considered an aggravated felony.
• Document fraud: Forging, altering, or misusing documents like passports or IDs can be classified as aggravated felonies, particularly if the fraud involves immigration-related offenses.

Crimes involving moral turpitude (CIMTs), including fraud, theft (shoplifting), or deceit, could lead to deportation or inadmissibility, depending on when the offense occurred and the individual’s status.

Inadmissibility

Criminal convictions may result in a person being declared inadmissible to the U.S., which means they may not be permitted to enter the country. The crimes that could lead to inadmissibility include drug offenses, several convictions with cumulative terms of more than five years, and allegations of prostitution or human trafficking. Inadmissibility for non-citizens may make it more difficult to reenter the country after traveling abroad or acquiring a visa or green card.

Visa or green card applications

A person with a criminal record may not be eligible for a green card, permanent resident status, or many other types of visas. Background checks are required for those applying for immigration benefits, and those with particular criminal histories may have their applications denied. For example, a domestic abuse history or a drug conviction could keep an application from being granted legal status. Processing delays or heightened USCIS scrutiny can arise, even concerning arrests or charges that didn’t result in convictions.

Naturalization

Individuals applying for naturalization to become U.S. citizens must have good moral character. Certain criminal convictions or multiple convictions within a specific period can disqualify someone from proving good moral character, potentially delaying or preventing naturalization.

Mandatory detention

Non-citizens with certain criminal convictions—drug-related crimes, aggravated felonies, or crimes of moral turpitude—may be subject to mandatory detention during their removal proceedings, requiring them to remain in custody until the court decides on their status.

Voluntary departure vs. deportation

A person who is being deported due to a criminal charge may, in certain cases, ask to leave the country voluntarily. This will enable individuals to depart the U.S. on their own dime and without an official deportation order. A deportation order, which can result in a person being permanently prevented from entering the nation again, can be more severe than a voluntary departure order.

Immigration consequences in Maryland

Immigration is generally governed by federal law. However, to assess all the implications for immigration, a relevant Maryland state law must considered under the restrictions imposed by federal law. There are criminal dispositions in Maryland other than a straightforward “guilty” or “not guilty,” and some convictions may have immigration consequences, depending on the individual’s previous criminal history, current immigration status, and eligibility.

• Probation before judgment: In Maryland, PBJ is considered a conviction for immigration purposes.
• Attempts and conspiracies to commit crimes: Attempts and conspiracies to commit aggravated felonies often have the same consequences as the primary offense.
• DUI or DWI convictions: This can make an otherwise removable person a priority for U.S. Citizenship and Immigration Services (USCIS), will be a negative factor, and will adversely impact a finding of “good moral character.”
• Misdemeanor and felony convictions: The consequences for those in certain programs, including temporary protected status and Deferred Action for Childhood Arrivals (DACA), who are convicted of misdemeanors and felonies depend largely on the number of convictions, regardless of what they are for.
• Immigrant crime victims: Immigrant crime victims (VAWA self-petitioners) may be eligible for certain types of crime-related inadmissibility waivers.

Maryland has a substantial immigrant population. Over 16 percent of the state’s residents were born in another country, and nearly 10 percent of its U.S.-born citizens reside with at least one immigrant parent. However, a criminal conviction comes with serious penalties in the state and can have severe consequences for non-citizens.

When you choose an experienced Bowie criminal defense attorney from Carey Law Office to represent you, we fight to protect your rights. We are here to ensure you don’t face these charges alone. With offices in Bowie and Crofton, our attorneys serve clients in Anne Arundel County, Prince George’s County, and throughout Maryland. Call us or complete our contact form today for an initial consultation with a skilled criminal defense attorney who understands how a criminal conviction can affect your immigration status.