What Crimes Can Lead to Deportation in the United States?

Under U.S. immigration law, certain criminal convictions can result in removal proceedings, which may lead to deportation. These cases often involve criminal grounds of removal, meaning immigration authorities claim that a non-citizen committed an offense that makes them removable from the United States.

The specific offenses that may lead to deportation are defined by immigration law and may differ from how crimes are categorized in criminal court.

Criminal grounds for deportation under U.S. immigration law

Deportation, also referred to as removal, is the process used by the U.S. government to require a non-citizen to leave the country after violating immigration laws.

Individuals may be considered deportable aliens if they fall within certain categories defined in immigration law. These categories include specific criminal convictions or actions that make a person removable.

Certain crimes may automatically trigger criminal grounds of removal, particularly when they involve serious offenses or repeated violations of law.

Categories of crimes that may lead to deportation

Several categories of deportable offenses may lead to immigration consequences under U.S. immigration law.

Aggravated felonies

Aggravated felonies are serious crimes listed in the Immigration and Nationality Act. The immigration definition of this category may differ from definitions used in criminal law.

Examples referenced in immigration law include:

• Murder
• Rape
• Sexual abuse of a minor
• Drug trafficking
• Firearms trafficking

Convictions for aggravated felonies often carry severe immigration consequences.

Crimes involving moral turpitude

Crimes involving moral turpitude (CIMTs) generally refer to conduct considered inherently wrong or dishonest.

Examples may include:

• Fraud
• Theft
• Perjury
• Certain domestic violence offenses

These crimes may involve actions that shock the conscience or include intentional dishonesty or harm to others.

Drug-related offenses

Drug-related offenses may also trigger deportation.

These offenses may involve:

• Violations related to controlled substances
• Manufacturing drugs
• Drug trafficking

Drug convictions may also affect eligibility for immigration benefits such as permanent residency or citizenship.

Firearm offenses

Certain firearm-related crimes may also qualify as deportable offenses.

Examples may include:

• Illegal purchase of a firearm
• Illegal sale of firearms
• Unlawful possession or use of firearms or destructive devices

Domestic violence and related offenses

Immigration law also lists certain family-related offenses as grounds for deportation.

These may include:

• Domestic violence
• Stalking
• Child abuse
• Child neglect
• Child abandonment
• Violations of protection orders

Other offenses referenced in immigration law

Additional crimes may also lead to deportation in some situations.

Examples include:

• Espionage
• Sabotage
• Treason
• Sedition
• High-speed flight from an immigration checkpoint
• Document fraud or falsification
• Falsely claiming U.S. citizenship
• Failure to register under certain immigration requirements

Role of criminal convictions in removal proceedings

Criminal activity is one of the most common reasons that non-citizens face removal proceedings.

In many cases, immigration consequences follow a criminal conviction, which typically occurs when a person:

• Pleads guilty in criminal court, or
• Is found guilty through a court verdict

For certain crimes—such as aggravated felonies or some drug-related offenses—deportation may be mandatory under immigration law.

Immigration law may also treat attempts or conspiracies to commit certain crimes as grounds for removal.

Differences between the criminal court and immigration consequences

The outcome of a criminal case does not always determine the immigration consequences in the same way.

Several differences may apply.

Broader definitions in immigration law

The definition of an aggravated felony under immigration law may be broader than the definition used in criminal law.

As a result, some offenses considered misdemeanors in state court may still be classified as aggravated felonies under immigration law.

Plea agreements and immigration impact

A plea bargain in criminal court may still carry immigration consequences.

Even when a criminal penalty is reduced, the conviction may still trigger criminal grounds of removal under immigration law.

Expedited removal procedures

In certain cases, immigration authorities may use expedited removal, which allows officers to order removal without a full immigration court hearing.

Important limitations or misunderstandings

Several exceptions and limitations may apply to criminal deportation rules.

Petty offense exception

A crime may not qualify as a crime involving moral turpitude if:

• The maximum possible penalty is one year or less, and
• The individual served no more than six months in prison

Marijuana possession exception

A single offense involving simple possession of 30 grams or less of marijuana for personal use is generally not considered a deportable offense.

Pardons

Certain criminal grounds of deportation may not apply if the individual receives a full and unconditional pardon from the President of the United States or a State Governor.

Possible defenses or relief

Some individuals facing deportation may pursue legal options such as:

• Cancellation of removal
• Waivers under immigration law
• Protection through Asylum or the Convention Against Torture (CAT)

These options depend on the facts of the individual case.

Immigration rules vary by individual circumstances

Whether a crime results in deportation may depend on several factors, including:

• The type of crime committed
• Whether the person has a criminal conviction
• The person’s immigration status
• The number of offenses involved
• Whether the individual qualifies for immigration court relief

For example, lawful permanent residents, visa holders, and individuals with humanitarian protections may all face different legal consequences depending on their specific circumstances.

Key takeaways

• Certain crimes may lead to deportation under criminal grounds of removal in U.S. immigration law.
• Major categories include aggravated felonies, crimes involving moral turpitude, drug offenses, and firearm offenses.
• A criminal conviction often triggers removal proceedings for non-citizens.
• Immigration law may treat some misdemeanors as aggravated felonies.
• Exceptions such as the petty offense exception, marijuana possession exception, and pardons may apply in some situations.

Final thoughts

Criminal convictions can carry significant immigration consequences, including the possibility of deportation. Because immigration law defines certain crimes differently from criminal law, the immigration effects of a conviction may not always be immediately clear.

Individuals seeking clarification about criminal immigration consequences may consult a qualified immigration law firm such as AB Legal Consult to better understand how immigration laws may apply to their situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration laws and procedures may change, and individual circumstances may affect legal outcomes. Individuals seeking legal guidance should consult a qualified immigration professional.