Noncitizens in the United States have a hard enough time with the bureaucracy and paperwork involved in maintaining a residency, let alone the wrench that civil or criminal charges throw into the mix. Depending on the circumstance, the right to remain in the United States may be more important than any potential jail sentence. According to ICE reports, of the 143,000 aliens arrested in 2019, around 86% had criminal convictions or pending charges.
Knowing what to expect when it comes to potential charges may help noncitizens navigate that sensitive situation.
General crimes
The United States Code details many criminal charges that might classify an individual as deportable, including crimes of moral turpitude. This is a broad concept that defines an act that is immoral, depraved or contrary to justice. It involves charges like aggravated battery, theft, animal fighting and more. Committing these crimes within five years after the date of admission qualifies as a deportable offense.
Dealing with controlled substances that is illegal at any level including State, the United States, or a foreign country is deportable outside of a single offense involving marijuana possession of 30 grams or less. Firearm offenses, depending on the charge, may count as well.
More specific to immigration law, high speed flight from an immigration checkpoint counts as deportable offenses.
Crimes of fraud
Any individual claiming a false status in any regard is deportable. This can mean falsely claiming citizenship or an unapproved immigration visa. This fraud can also apply to unlawfully voting.
When it comes to remaining in the United States, noncitizens need every tool at their disposal when it comes to defending themselves against any allegations that may threaten their stay.
