Immigration and Criminal Law: How Legal Status and Plea Deals Impact Your Future

Immigration law and criminal law often intersect in ways that can have life-changing consequences for immigrants. Whether you’re undocumented, a DACA recipient, or a green card holder, interactions with law enforcement can trigger deportation proceedings or jeopardize your legal status.

Let’s explore key aspects of how legal status, deportable offenses, and criminal plea deals affect immigrants and what steps can be taken to navigate these complex challenges.

What Crimes Can Lead to Deportation?

One of the most common questions immigrants ask is, “What can get me deported?” The answer depends largely on your immigration status.

For undocumented individuals, any arrest or interaction with law enforcement can potentially lead to deportation if they’re turned over to Immigration and Customs Enforcement (ICE). Simply being undocumented makes an offense deportable.

For those with legal status—such as DACA recipients, students on visas, green card holders, or work permit holders—the situation is different. These individuals can also face deportation, but only for offenses that fall under specific categories.

Here are four types of crimes that frequently result in deportation inquiries:

• Theft
• Violence
• Drug-related offenses
• Weapons charges

Even for immigrants with legal status, these crimes can create significant immigration issues, leading to inquiries and, in some cases, removal proceedings.

The Role of Plea Deals in Immigration Cases

Criminal proceedings can also intersect with immigration law when immigrants are offered plea deals. A plea deal might resolve the criminal case, but it can create severe immigration consequences.

If an immigrant accepts a plea deal and is convicted of a crime, they may:

• Lose their current legal status
• Face deportation
• Jeopardize future eligibility for legal status or citizenship

It’s not just about fines, jail time, or immediate consequences. Immigrants must also consider questions like:

• Will this plea deal lead to deportation?
• Can I travel internationally?
• How will this impact my ability to reunite with family?
• Does this affect my employment opportunities or future status?

These are critical concerns that need to be addressed before accepting any plea agreement.

Why Criminal and Immigration Lawyers Must Work Together

Navigating the overlap between criminal law and immigration law is no easy task. In fact, the U.S. Supreme Court has established that criminal defense attorneys have a duty to consult with immigration lawyers when their immigrant clients face charges.

Immigration law is incredibly nuanced. There are often waivers available for certain criminal convictions, but determining eligibility for these waivers requires specialized knowledge. Factors such as the type of crime, the client’s current legal status, and their immigration history all play a role.

By working with immigration lawyers, criminal defense attorneys can ensure their clients receive the best possible advice, protecting both their legal rights and their immigration status.

What Is Deferred Action, and How Does It Work?

Deferred action is another key concept in immigration law. It is a form of temporary protection that allows certain individuals to remain in the U.S. without fear of deportation, even though they do not have legal status.

Deferred action is granted at the discretion of the Department of Homeland Security and includes various forms:

• DACA (Deferred Action for Childhood Arrivals): Protection for individuals who came to the U.S. as children.
• Deferred action for relatives of military families: Temporary relief for close family members of those serving in the U.S. military.
• One-off deferred action cases: Case-by-case protections based on specific circumstances.

While deferred action does not grant permanent residency or a pathway to citizenship, it often comes with work authorization. This enables recipients to legally work while their deportation is deferred.

Protecting Your Future

Immigrants navigating criminal charges or seeking deferred action protections face complex legal challenges. Understanding the risks and options available is essential to making informed decisions.

At Lincoln-Goldfinch Law, we work closely with immigrants to provide the guidance they need to protect their legal status and secure their futures. From advising on criminal plea deals to pursuing deferred action protections, we’re here to help.

For a free case evaluation, visit www.lincolngoldfinch.com or call 512-601-8878 today.