Criminal Grounds for Deportation

October 10, 2012

Criminal Grounds for Deportation

If you are in the United States legally, you may still face deportation or removal if you are convicted of certain crimes. Criminal grounds of deportation include aggravated felonies, drug crimes, crimes involving moral turpitude (CMTs), firearm offenses, domestic violence and crimes against children.

Aggravated Felonies

A noncitizen can face deportation for conviction of an aggravated felony under U.S. immigration laws. This is different from being convicted of a general felony. In fact, some aggravated felonies are actually misdemeanors under state laws.

There is an extensive list of aggravated felonies. Generally, they fall into the following groups:
-Serious crimes, including murder, rape, sex crimes against children, national security offenses, or trafficking in guns or drugs.
-Immigration crimes, such as illegal reentry after previous deportation involving a felony crime, and alien smuggling
-Crimes involving imprisonment of at least one year, including crimes of violence, property crimes (theft, burglary), forgery, document fraud, perjury, or bribery
-Crimes involving fraud or deceit and at least $10,000 in damages, such as tax evasion and money laundering
-Conspiracy to commit an aggravated felony

Criminal charges for aggravated felonies can lead to mandatory deportation / removal without relief. Furthermore, conviction of an aggravated felony can permanently bar an immigrant from returning to the U.S. An attempt to return to the country (called "illegal reentry") can land someone in prison for up to 20 years.

Crimes Involving Moral Turpitude

Crimes involving moral turpitude (CMTs) are difficult to comprehend because they are not specifically defined by law and are often discretionary. CMTs generally involve "conduct that is considered contrary to community standards of justice, honesty or good morals."

As with aggravated felonies, there is a long list of CMTs, which includes crimes involving fraud, aggravated assault and sex offenses.

Other Criminal Grounds for Deportation

Other crime-related grounds for deportation include:
-The conviction of any controlled substance (drugs) offense except for first-time simple possession of marijuana (30 grams or less).
-Conviction for purchasing, selling, possessing or carrying a firearm illegally.
-Conviction of domestic violence, child abuse, child neglect, child abandonment or stalking. This includes conviction for violation of a protective order.

Deportation and Criminal Defense

Whether you have been charged with a crime, have committed an offense classified as a crime of moral turpitude or have recently moved to the United States and want to know your rights and obligations, it is important to understand the criminal grounds for deportation.

Criminal defense and immigration attorneys know how important your life in the U.S. is to you and can help you defend against your criminal charges while considering the immigration implications.

Article provided by Fisher & Frommer
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