For a non-U.S. citizen, a criminal case can create consequences that extend far beyond fines, probation, or jail.
Certain criminal convictions can affect a person’s ability to remain in the United States, obtain immigration benefits, return to the country, or maintain lawful immigration status.
The intersection between criminal law and immigration law is commonly called crimmigration.
Because a resolution that appears favorable from a criminal-defense perspective can still create immigration consequences, understanding both sides of a case can be critical before accepting a plea or resolving criminal charges.
What Is Crimmigration?
Crimmigration refers to the intersection between the criminal justice system and U.S. immigration law.
Criminal law determines whether someone committed an offense and what criminal penalties may apply.
Immigration law separately determines whether that criminal conduct or the disposition of the case affects a noncitizen’s immigration status.
The distinction is important because immigration consequences are governed primarily by federal law, even when the underlying criminal case occurs under Texas state law.
Can a Criminal Conviction Lead to Deportation?
Yes, certain criminal convictions can make a non-U.S. citizen deportable, but not every criminal charge or conviction automatically results in deportation.
INA §237, codified at 8 U.S.C. §1227, identifies several categories of criminal offenses that can create grounds of deportability.
These include, under particular circumstances:
- Crimes involving moral turpitude
- Multiple criminal convictions
- Aggravated felonies
- Controlled-substance offenses
- Certain firearm offenses
- Certain crimes involving domestic violence, stalking, child abuse, or violations of protection orders.
Each category has its own statutory requirements. The immigration consequences therefore depend on the particular offense and circumstances rather than simply whether someone has a criminal record.
What Is a Crime Involving Moral Turpitude?
One category that frequently appears in immigration law is a crime involving moral turpitude, commonly abbreviated as CIMT.
INA §237 provides that certain noncitizens may be deportable for a qualifying crime involving moral turpitude committed within a specified period after admission when the offense meets the statute’s requirements. Multiple CIMT convictions can also create a separate ground of deportability.
Whether a particular Texas offense qualifies as a CIMT is a legal question that can require examining the statute under which the individual was convicted.
It should not be assumed that every misdemeanor or felony automatically falls into this category.
What Is an Aggravated Felony for Immigration Purposes?
“Aggravated felony” has a specific meaning under federal immigration law.
The category includes numerous offenses identified by the Immigration and Nationality Act, and it does not necessarily correspond to whether Texas labels the underlying offense as an “aggravated” crime.
For example, federal immigration law’s aggravated-felony definition includes certain forms of illicit trafficking in controlled substances, along with many other categories of offenses.
A conviction classified as an aggravated felony can carry particularly serious immigration consequences, making the exact criminal statute and disposition extremely important.
Why Are Controlled-Substance Charges Especially Important?
Drug cases deserve particular attention when criminal and immigration law intersect.
Under 8 U.S.C. §1227(a)(2)(B), a noncitizen may be deportable following a qualifying conviction involving a controlled substance as defined by federal law. The statute contains a narrow exception involving a single offense for possession for personal use of 30 grams or less of marijuana.
Federal inadmissibility law also separately addresses violations involving federally controlled substances.
Consequently, a Texas drug case can raise questions that extend beyond the potential punishment imposed by the criminal court.
Does Deferred Adjudication Prevent Immigration Consequences?
Not necessarily.
This is one of the areas where Texas criminal law and federal immigration law can produce very different expectations.
Under the federal Immigration and Nationality Act, the definition of a “conviction” for immigration purposes can include situations in which adjudication of guilt has been withheld if the person entered a guilty or nolo contendere plea—or admitted sufficient facts to support a finding of guilt—and a judge imposed some form of punishment, penalty, or restraint on liberty.
USCIS decisions applying this definition explain that certain deferred adjudications may therefore constitute convictions for immigration purposes even when the charge is later dismissed after successful completion of a program or probation.
For a non-U.S. citizen, hearing that a Texas case will be “deferred” therefore should not automatically be understood to mean that there will be no immigration consequences.
It is crucial that anyone facing a drug charge with potential immigration status issues contact an Immigration attorney, as well as a criminal defense attorney.
What Is the Difference Between Deportability and Inadmissibility?
Another important distinction is that deportability and inadmissibility are not the same thing.
INA §237 addresses grounds under which certain noncitizens who have been admitted to the United States may be deportable.
INA §212, on the other hand, contains grounds of inadmissibility that can affect whether a person may be admitted to the United States or obtain certain immigration benefits.
For example, federal inadmissibility law addresses both certain crimes involving moral turpitude and controlled-substance violations.
Which framework applies depends on the person’s immigration circumstances.
Why Should Immigration Consequences Be Considered Before Resolving a Criminal Case?
A plea agreement can look favorable when viewed only through the criminal justice system.
It might reduce the charge, avoid incarceration, or provide deferred adjudication.
But for a non-U.S. citizen, the analysis should not necessarily stop there.
Before resolving a criminal case, it can be important to understand:
- The exact statute involved
- The elements of the offense
- The person’s immigration status
- Whether the offense may fall within a federal immigration category
- How the proposed plea or disposition may be treated under immigration law
- Whether alternative resolutions may create different consequences.
This is the central idea behind crimmigration: the criminal and immigration consequences of a case can be interconnected.
Facing Criminal Charges as a Non-U.S. Citizen in Texas?
Criminal charges can create additional complications for non-U.S. citizens, particularly when controlled substances, serious felonies, or other offenses identified under federal immigration law are involved.
At Arguelles & Lambert, we understand the importance of evaluating the broader consequences that can arise from a Texas criminal case.
If you are a non-U.S. citizen facing criminal charges in San Antonio or the surrounding areas, contact our criminal defense law firm office to discuss your case and the potential issues that should be considered before resolving it.
Disclaimer: Arguelles & Lambert Law does not practice immigration law. If you have questions or concerns regarding your immigration status or the potential immigration consequences of a criminal case, we strongly recommend consulting with a qualified immigration attorney for advice specific to your situation. This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.
