What Crimes Can Result In Deportation?
If you are an immigrant in Texas and you are arrested for a criminal offense, it is critical to know whether you could be facing charges for what could be a deportable offense. In other words, there are a wide range of criminal charges under the Texas Penal Code that may result in deportation and removal. You should know that an arrest is not the same thing as a conviction, and this is very important to remember: deportable offenses refer to convictions, not arrests. Accordingly, when you are facing charges, especially when your immigration status is at stake, it is essential to seek help from a criminal defense attorney in Temple, Texas who can help you to fight the charges you are facing. The following information helps to explain what types of crimes may result in deportation and who can be deported, and what you may be able to do to prevent a conviction.
Non-Citizens Can Be Subject to Deportation Following Convictions
The first thing to know is that any non-citizen can be deported according to the Immigration and Nationality Act (INA) following certain types of criminal convictions. To be clear, it does not matter what your current immigration status might be if you are a non-citizen: immigrants in Texas who hold visas as students or workers, who are in Texas as refugees who have been granted asylum, and even Green Card holders who are lawful permanent residents of the U.S. can be deported following certain types of convictions.
What does this mean for you? If you are a non-citizen and you are facing criminal charges, it is particularly important to begin working with an attorney on the best defense strategy for your case. You should determine whether the charges you are facing may fall into the category of deportable offenses, and then you will need to begin building the strongest possible defense to avoid a conviction.
Drug Crimes
The INA says that non-citizens can be deported for convictions of many different types of drug offenses. Generally speaking, if you are facing even misdemeanor drug charges in Texas, you should know that the charges could result in deportation if you are convicted.
Crimes of Moral Turpitude
The broadest category of deportable offenses is “crimes of moral turpitude.” This is a category of offenses that can include a wide range of offenses that involve immoral acts, or acts that violate social duties or responsibilities. These offenses can include white-collar offenses as well as violent offenses, and they can involve intentional acts as well as those that involve recklessness. It is also critical to know that crimes of moral turpitude can be misdemeanor or felony offenses. As such, just because you are facing misdemeanor charges does not mean that you will not face deportation or removal since a crime of moral turpitude can be a misdemeanor.
What types of crimes can be classified as crimes of moral turpitude? There are many kinds of offenses that can fall into this category, including but not limited to:
- Felony DWIs in some circumstances;
- Fraud;
- Theft charges;
- Sexual assault;
- Murder; or
- Obscenity-related charges.
Other Deportable Offenses
Like drug-related convictions, many types of firearms convictions can result in deportation. In addition, many aggravated felonies are considered deportable offenses, as are convictions for domestic violence.
Contact a Temple Criminal Defense Attorney
If you are facing criminal charges and need assistance with your defense, you should contact one of the experienced Temple criminal defense attorneys at The Law Office of Katie L. Gomez, PLLC as soon as possible.
Sources:
statutes.capitol.texas.gov/?link=PE
uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act
