The intersection of criminal and immigration law in the United States-often referred to as “crimmigration”-has profound implications for non-citizens. Criminal charges, even those that seem minor, can jeopardize an individual’s immigration status, potentially leading to deportation, inadmissibility, or the loss of opportunities for legal residency or citizenship. This article analyzes how various criminal charges affect immigration status, with a particular focus on aggravated felonies and crimes involving moral turpitude (CIMTs). Drawing on statutes, recent data, and expert insights, we explore the mechanisms of deportation, the categories of deportable crimes, and the broader consequences for immigrants.
The Legal Framework: Immigration and Nationality Act (INA)
The basis for U.S. immigration consequences for criminal activity lies in the Immigration and Nationality Act (INA), specifically Section 237 (8 U.S.C. § 1227), which outlines deportable offenses. Under this framework, non-citizens-including lawful permanent residents (LPRs), visa holders, and undocumented individuals-may face removal proceedings if convicted of certain crimes. The two primary categories that trigger serious immigration consequences are aggravated felonies and CIMTs, although other crimes, such as drug offenses and domestic violence, also play a significant role.
Serious Crimes: A Fast Track to Deportation
Created in 1988 as part of the Anti-Drug Abuse Act, the term “aggravated felony” is a classification unique to immigration law and not necessarily consistent with state or federal criminal definitions of felony. Defined in INA section 101(a)(43) (8 U.S.C. § 1101(a)(43)), aggravated felonies encompass a wide range of crimes, from violent crimes such as murder and rape to nonviolent crimes such as theft or fraud involving losses in excess of $10,000. Over the years, Congress has expanded this category to include offenses such as failure to appear in court or certain misdemeanor drug convictions that are reclassified as aggravated felonies under immigration law.
The consequences of an aggravated felony conviction are severe and often non-negotiable:
- Mandatory removal: Non-citizens convicted of an aggravated felony are subject to removal with limited avenues of relief, such as cancellation of removal or asylum.
- Permanent Inadmissibility: A conviction indefinitely bars reentry to the U.S., even for LPRs.
- Mandatory Detention: Upon release from criminal custody, individuals face mandatory detention by Immigration and Customs Enforcement (ICE), in most cases without the possibility of bond.
Data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University illustrates the impact. In fiscal year 2021, aggravated felony charges appeared in 12,456 Notices to Appear (NTAs) issued by ICE, representing a significant portion of criminal-based deportations. However, TRAC notes a decline in felony-based removals since 2011, when such charges peaked at over 40,000 annually, reflecting shifts in enforcement priorities under different administrations.
Crimes of moral turpitude: A Subjective Yet Powerful Threat
Unlike aggravated felonies, CIMTs lack a precise statutory definition, making their application more subjective. The INA (Section 237(a)(2)(A)(i)) deems a noncitizen deportable if convicted of a CIMT committed within five years of admission (or 10 years for certain LPRs) and punishable by a sentence of one year or more. Multiple CIMT convictions not arising out of a single scheme may also trigger deportation regardless of the timing.
Courts and the Board of Immigration Appeals (BIA) have characterized CIMTs as acts that “shock the public conscience” or involve “baseness, vileness, or depravity. Common examples include
- Fraud (e.g., identity theft, forgery)
- Theft (e.g., shoplifting, grand larceny)
- Violent Crimes (e.g., assault with intent to do great bodily harm, domestic violence)
The ambiguity of CIMTs presents challenges. For example, a misdemeanor such as petty theft may not trigger deportation under the “petty offense exception” (if the maximum sentence is less than one year and the sentence served is less than six months), but judicial discretion can vary. In 2020, the Ninth Circuit ruled in Ortega-Lopez v. Barr that a California animal cruelty conviction was not a CIMT, illustrating how case-specific interpretations shape outcomes.
TRAC data from 2022 show that CIMTs were cited in approximately 8,000 NTAs, a decrease from 15,000 in 2015, suggesting a nuanced approach to enforcement. However, the lack of a comprehensive CIMT list means that immigrants must rely on legal counsel to assess risks.
Other Removable Offenses
In addition to aggravated felonies and CIMTs, the INA specifies other grounds for removal:
- Controlled substance violations: Any drug-related conviction, except a single offense of possession of 30 grams or less of marijuana for personal use, may result in deportation (INA § 237(a)(2)(B)).
- Firearms Offenses: Convictions for illegal possession or trafficking of firearms are deportable (INA § 237(a)(2)(C)).
- Domestic Violence: Convictions for domestic violence, stalking, or violation of orders of protection trigger deportation (INA § 237(a)(2)(E)).
In 2023, ICE reported removing 29,000 immigrants with criminal convictions, with drug offenses and domestic violence among the top categories, according to the ICE Annual Report.
Statistical Insights: Deportation Trends
Recent data underscore the magnitude of criminal-related deportations:
- ICE Enforcement: In FY 2023, ICE removed 91,000 immigrants, of which 32% (29,000) had criminal convictions, a sharp increase from 20,000 in FY 2022, reflecting increased enforcement under the Biden administration.
- Court Backlog: As of March 2025, the immigration court backlog exceeds 3 million cases, according to TRAC, delaying resolution for many facing criminal charges.
- Decline in Criminal NTAs: TRAC’s 2022 report notes a 40% decline in criminal NTAs since 2011, attributed to prosecutorial discretion and a focus on public safety threats.
These trends highlight a complex enforcement landscape, where policy shifts and resource constraints influence outcomes.
Immigration Consequences Beyond Deportation
Criminal charges have consequences beyond physical removal:
- Inadmissibility: Convictions can make noncitizens ineligible for visas, green cards, or naturalization under INA Section 212.
- Loss of Status: LPRs risk losing their green cards, while temporary visa holders face revocation.
- Detention: Even without immediate deportation, ICE can detain individuals pending proceedings, with over 20,000 in custody as of early 2025, according to ICE data.
Defenses and Remedies
While aggravated felony convictions offer few defenses, CIMT cases may allow for relief:
- 212(h) waiver: Available for some CIMTs if the immigrant has been in the U.S. for seven years and does not pose a security threat. Approximately 1,200 waivers were granted in 2022, according to USCIS.
- Cancellation of removal: LPRs with 10 years of residency and no aggravated felony convictions can apply, though approvals are rare (4,000 in FY 2021, according to EOIR).
- Asylum: Torture in the home country can halt deportation, but aggravated felony convictions preclude this option.
Table: Key Criminal Charges and Immigration Consequences
| Offense Type | Examples | Deportable? | Inadmissible? | Relief Available? |
| Aggravated Felony | Murder, drug trafficking, fraud >$10K | Yes | Yes | Rarely (e.g., torture claim) |
| CIMT (Single, <5 yrs entry) | Theft, fraud, assault | Yes | Yes | Yes (e.g., 212(h) waiver) |
| CIMT (Multiple) | Multiple thefts, fraud | Yes | Yes | Limited |
| Drug Offense | Possession, trafficking | Yes | Yes | Marijuana exception (<30g) |
| Domestic Violence | Abuse, stalking | Yes | Yes | Limited |
| Firearms Offense | Illegal possession | Yes | Yes | Limited |
The bottom line
Criminal charges can irrevocably alter an immigrant’s life in the U.S., with aggravated felonies and CIMTs serving as the most powerful triggers for deportation. The stakes are high: a single conviction can lead to deportation, family separation, and permanent exclusion. As enforcement intensifies and court backlogs grow, noncitizens must proactively seek legal expertise to mitigate risk. Understanding these consequences is not only a legal necessity – it is a matter of survival in an increasingly complex system.
Primary Sources
- Immigration and Nationality Act (INA) Section 237
- https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim
- Description: Legal text from the U.S. Code defining deportable offenses, including aggravated felonies and crimes involving moral turpitude, under Title 8, Section 1227.
- USCIS Policy Manual, Volume 8, Part F, Chapter 2 – Adjudicative Factors
- https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-2
- Description: U.S. Citizenship and Immigration Services guidelines on how criminal convictions affect immigration adjudications, including eligibility for relief options like waivers.
