Navigating the complex intersection between criminal charges and immigration law in New Jersey is no easy task. For non-citizens, including lawful permanent residents, the stakes are especially high when facing criminal allegations. Even minor offenses can trigger severe immigration consequences, including deportation. Understanding how criminal charges affect deportation risks is crucial for anyone in this situation.
Criminal and immigration law are two separate systems, but they often collide in ways that can dramatically impact an individual’s future. For immigrants, facing criminal charges means potentially losing the opportunity to remain in the United States, regardless of how long they have lived here or how well they have integrated into their community. This article will explore how specific criminal charges may affect deportation risks in New Jersey, the importance of understanding aggravated felonies, crimes involving moral turpitude, and the potential defenses available. The Scheer Immigration Law Group provides dedicated legal representation to guide and defend clients through the complexities of deportation cases, striving to protect their rights and secure a positive outcome.
Criminal Charges and Deportation
When a non-citizen is charged with a crime in New Jersey, they may not fully realize how much is at stake. Even if the criminal offense is considered minor in state law, it may have significant implications under federal immigration law. Once a non-citizen is convicted of certain crimes, U.S. Immigration and Customs Enforcement (ICE) can initiate deportation proceedings. ICE prioritizes individuals who have been convicted of crimes, and once deportation proceedings begin, the path to staying in the country becomes more complicated.
It is also important to understand that criminal charges alone can cause immigration concerns. Even if a person is not convicted of a crime, being charged can lead to detention by ICE or increased scrutiny during routine immigration checks. A conviction, however, makes things far more serious, and non-citizens may become ineligible for relief from deportation, even if they had been in line for legal residency or citizenship.
Aggravated Felonies and Deportation Risks
One of the most significant categories of criminal charges that affect deportation is aggravated felonies. Under U.S. immigration law, certain crimes are classified as aggravated felonies, even though they may not be considered as serious under state law. Aggravated felonies are a broad category that includes violent crimes like murder and rape but also non-violent crimes such as fraud and theft involving more than $10,000. In some cases, crimes related to drug trafficking or possession with intent to distribute may also fall into this category.
For non-citizens convicted of an aggravated felony, deportation is almost inevitable. There is very little discretion given to immigration judges when someone is convicted of these offenses. Not only does a conviction of an aggravated felony make a non-citizen deportable, but it also bars them from many forms of relief from deportation. This includes the possibility of asylum or cancellation of removal, even if the individual has lived in the U.S. for many years or faces danger in their home country.
The aggravated felony label is particularly harsh because it leaves very few options for individuals to fight deportation. Even lawful permanent residents (green card holders) are not immune to deportation if they are convicted of an aggravated felony. For these individuals, fighting the criminal charges early with the help of a knowledgeable attorney may be their only option to avoid the consequences in immigration court.
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
Crimes Involving Moral Turpitude
Another category of offenses that increase the risk of deportation are crimes involving moral turpitude (CIMT). Unlike aggravated felonies, CIMTs are not specifically defined by federal law, which can make them more ambiguous. Generally, a CIMT is considered a crime that goes against the accepted moral standards of society. These crimes may include offenses like theft, fraud, domestic violence, and certain types of assault. What makes a crime fall under this category is often subject to interpretation by the courts, but it remains an important concept in immigration law.
The impact of a CIMT conviction on a non-citizen depends on several factors. If the individual has been convicted of a single CIMT and has lived in the U.S. for more than five years as a lawful permanent resident, they may avoid deportation. However, if they are convicted of two or more CIMTs, they become deportable regardless of how long they have lived in the U.S.
Additionally, a CIMT can impact a person’s ability to apply for certain forms of relief from deportation. Even if they are not immediately deported, a conviction may make them ineligible for green card renewal, naturalization, or adjustment of status. As with aggravated felonies, fighting a CIMT charge early is essential to minimizing the risks of deportation.
Controlled Substance Violations
Controlled substance violations are another category of criminal charges that can have severe immigration consequences. Under federal immigration law, any violation of a controlled substance law can make a non-citizen deportable. This includes charges related to drug possession, drug trafficking, and intent to distribute controlled substances.
For non-citizens, drug-related charges are especially dangerous because even a conviction for minor possession can lead to deportation proceedings. Unlike aggravated felonies or CIMTs, where there may be some room for defense, the U.S. government takes a very strict stance on drug offenses. The consequences can be immediate, and a person who is convicted of a drug-related charge may be detained by ICE and placed into deportation proceedings soon after their conviction.
It is important to note that not all drug-related offenses lead to automatic deportation. In some cases, individuals may still qualify for relief depending on the specific circumstances of their case, including the type of substance involved and their previous immigration history. However, the burden of proof is high, and defending against deportation in these cases requires skilled legal representation.
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Defenses Against Deportation Due to Criminal Charges
Despite the serious consequences of criminal charges on immigration status, there are defenses available that may help non-citizens avoid deportation. One of the most common defenses is to challenge the underlying criminal conviction itself. In many cases, an experienced criminal defense attorney can help reduce the charges, negotiate a plea to a lesser offense, or get the charges dismissed altogether. This can significantly reduce the risk of deportation or make the person eligible for relief in immigration court.
Another defense is to apply for relief from deportation based on specific circumstances. For example, individuals who have been in the U.S. for a long time, have family ties, or face persecution in their home country may be able to apply for relief such as asylum, cancellation of removal, or withholding of deportation. The availability of these options depends on the specifics of each case and requires careful preparation and legal strategy.
In some cases, non-citizens may also be eligible for a waiver of inadmissibility. This waiver can allow certain individuals to remain in the U.S. even if they have a criminal conviction, provided they meet specific criteria. Waivers are not guaranteed and often require the individual to demonstrate hardship to themselves or their family if they are deported.
The Importance of Legal Representation
Given the complexity of criminal and immigration law, having skilled legal representation is critical for non-citizens facing criminal charges. An attorney who understands both the criminal justice system and immigration law can help individuals navigate these challenging waters, avoid unnecessary risks, and protect their ability to remain in the U.S.
The consequences of a criminal conviction go far beyond fines, probation, or imprisonment for non-citizens. They can lead to life-altering immigration outcomes, including permanent separation from family, loss of livelihood, and the chance to build a life in the U.S. With so much at stake, it is essential to take criminal charges seriously from the very beginning and seek appropriate legal guidance.
If you or a loved one are facing criminal charges and are concerned about the risk of deportation in New Jersey, it is critical to act quickly. The Scheer Immigration Law Group has the experience and knowledge necessary to handle complex immigration cases involving criminal convictions. Our team is committed to defending your rights and helping you understand your options. To discuss your case and get the legal support you need, contact The Scheer Immigration Law Group today.