How Does a Felony Affect Immigration Status?

Felony convictions can create severe consequences for anyone, but especially noncitizens. They could potentially lead to:

• Mandatory detention
• Deportation
• Permanent bar from reentering the United States

Understanding these consequences is important in protecting your rights and immigration status.

The intersection of criminal and immigration law is complex. Even non-felony convictions can have severe consequences. Facing criminal charges in the United States as a noncitizen can negatively affect your immigration status. Noncitizens should always inform their criminal defense attorney of their immigration status. Even plea agreements can have unintended immigration consequences.

In this article, we’ll explain how a felony charge generally impacts a noncitizen, depending on their immigration status. An immigration attorney can explain how current laws apply to your specific case and how to minimize immigration consequences. You can reach out for legal advice regardless of your immigration status. Even if you are a foreign national staying in the U.S. without legal status, it is safe for you to talk to an immigration lawyer.

Understanding Crimes Involving Moral Turpitude and Aggravated Felony

Not every criminal conviction leads to removal from the United States. However, crimes involving moral turpitude and aggravated felonies carry harsh consequences for non-citizens. A non-citizen who commits an aggravated felony is often unable to apply for relief from deportation. They can also be deemed “inadmissible,” meaning they can’t re-enter the United States in the future.

What Is an Aggravated Felony?

The immigration definition of aggravated felony is unique to criminal law in the United States. A criminal misdemeanor can be considered an aggravated felony for immigration purposes.

For immigration purposes, the term aggravated felony includes a wide range of criminal offenses. Some are misdemeanors under state or federal law, while others are felonies.

Immigration law treats aggravated felony as a distinct category that includes many acts Congress considers as removable offenses. Despite its name, the felony does not need to be aggravated under state law to qualify under this term. In immigration law, it only needs to be one of the acts that Congress listed.

The term aggravated felony was first used in 1988 through the Anti-Drug Abuse Act. At the time, the term only applied to murder and the trafficking of drugs, firearms, and other destructive devices.

Congress has since then expanded the definition. It now includes at least 30 types of offenses. The U.S. Code lists the following categories of criminal activities under the definition of aggravated felony:

• Murder, rape, or sexual abuse of a minor
• Illicit trafficking in controlled substances, including drug trafficking and other drug offenses
• Theft offenses with a term of imprisonment of at least one year
• Crimes of violence with a term of imprisonment of at least one year
• Money laundering or fraud offenses where the loss exceeds $10,000
• Court appearance failures for serious felony charges
• Additional federal and state criminal violations

These consequences apply retroactively to all criminal convictions, even if they occurred before the definition change in 1996. This means individuals could face deportation and be barred from entering the U.S. for old offenses on their criminal record.

Crimes of Moral Turpitude

Crimes of moral turpitude are acts that cause serious harm to someone. It also refers to conduct with an improper purpose or reckless behavior. Compared to other categories, crimes of moral turpitude do not have a statutory definition. It is up to the court to make determinations on a case-by-case basis. The most common crimes involving moral turpitude are:

• Crimes against a person, such as child abuse, domestic violence, or statutory rape
• Crimes involving fraud, such as tax evasion or wire fraud
• Crimes against property with an element of deceit, such as counterfeiting or money laundering.
• Other crimes that show malicious intent, like alien smuggling or obstruction of justice

Many offenses do not qualify as crimes involving moral turpitude. For example, a simple drunk driving (DUI) does not qualify, even if it results in an injury to another. Negligence also generally does not qualify as a crime involving moral turpitude.

Immigration Consequences for Felony Convictions

If you are a foreign national, committing an offense described above does not always lead to deportation. U.S. Citizenship and Immigration Services (USCIS) considers many factors, including criminal history, when deciding whether to remove someone from the country. This means USCIS has the choice to grant or deny relief.

That being said, aggravated felonies usually do lead to deportation. An aggravated felony conviction not only makes a person deportable but also makes them ineligible for nearly all forms of relief from deportation, such as:

• Cancellation of removal
• Asylum
• Voluntary departure

The following is a summary of possible consequences for noncitizens who commit aggravated felonies, broken down by type of legal immigration status.

• Legal permanent resident (LPR): Lawful permanent residents are subject to deportation. Immigration authorities may detain them during removal proceedings. Even if they aren’t removed, the U.S. government can place a permanent bar on becoming a naturalized U.S. citizen.
• Refugee (without LPR status): Immigration authorities can deport a refugee after a criminal conviction, even if they would be in grave danger in their home country. Some felonies, subject to judicial discretion, may result in the inability to obtain LPR status.
• Asylee (without LPR status): Immigration authorities can deport people seeking asylum only after conviction of a “particularly serious crime,” which includes any aggravated felony. Some felonies, subject to judicial discretion, may result in the inability to obtain LPR status.
• Non-Citizen with temporary lawful status: This includes individuals with non-immigrant visas and those with temporary protected status. Violators may lose status and be removed for any felony conviction or two or more misdemeanor convictions.
• Non-Citizen without legal status: Since undocumented immigrants are not authorized to be in the U.S., any criminal offense can result in deportation.

Returning to the U.S. without permission after removal is a federal crime. It can result in a term of imprisonment of up to 20 years and a permanent bar from future immigration to the United States.

Can a Permanent Resident Be Deported for a Felony?

A green card does not provide absolute protection from deportation. If a green card holder commits certain crimes after being admitted to the U.S., they can be placed in removal proceedings and lose their status.

The risk depends on the type of crime. The most severe offense is an aggravated felony, but crimes involving moral turpitude (CIMTs) also pose a significant threat.

A green card holder can be deported for the following criminal convictions:

• Aggravated felony: A conviction for a crime defined as an aggravated felony under immigration law at any time after admission makes a green card holder deportable. This is the most direct path to removal.
• A Crime Involving Moral Turpitude (CIMT): The rules for CIMTs depend on timing and the number of offenses.

A green card holder is deportable if they are convicted of crimes in either of the following situations:

• One Strike: A single CIMT committed within five years of being admitted to the U.S., if the crime could carry a prison sentence of one year or more.
• Two Strikes: Two or more CIMTs at any time after admission, as long as they did not arise from a single criminal incident.

If either you or someone you love finds themselves facing either of the above, contact an immigration attorney sooner rather than later.

Impact of the Laken Riley Act on Immigration Enforcement

For many years, federal law has required ICE to detain non-citizens if they were convicted of certain types of crimes. The person would then be held in custody while their removal (deportation) case was pending. They were not eligible for a bond hearing. This is called “mandatory detention.”

The Laken Riley Act, which became law on January 29, 2025, created a new trigger for mandatory detention policies. Under this law, immigration authorities must hold undocumented immigrants and other non-citizens in detention following an arrest for certain crimes if they meet specific criteria related to both their immigration history and the alleged offense.

The Act primarily affects undocumented individuals who entered without authorization. This includes some who later received protection under programs like the Deferred Action for Childhood Arrivals (DACA) program or Temporary Protected Status (TPS).

The following are some of the important provisions of the Laken Riley Act:

Changes to Mandatory Detention Triggers

Certain criminal convictions remain subject to previous mandatory detention categories, but the Laken Riley Act adds a new trigger. Previously, mandatory detention primarily applied after a conviction for certain crimes, including:

• Aggravated felonies: Broad category defined specifically for immigration law, as we discussed above. It includes murder, rape, drug trafficking, and many fraud offenses. A crime can be an aggravated felony for immigration purposes even if it was classified as a misdemeanor in criminal court.
• Crimes Involving Moral Turpitude (CIMTs): As discussed above, the courts identify these crimes on a case-by-case basis rather than using a statutory definition.
• Controlled substances offenses: This encompasses a conviction for nearly any drug-related crime, with the narrow exception of a single offense for simple possession of 30 grams or less of marijuana for personal use.
• Firearms offenses: Convictions related to the illegal purchase, sale, possession, or carrying of certain firearms or destructive devices will cause mandatory detention.
• Terrorism-related offenses: Any activity related to espionage, sabotage, or terrorism renders a noncitizen subject to mandatory detention.

Under the Laken Riley Act, mandatory detention is now also triggered by an arrest or charge for the following crimes:

• Burglary
• Theft
• Larceny
• Shoplifting
• Assaulting a police officer
• Crimes that result in death or serious bodily injury

This change requires mandatory detention much earlier in the criminal justice process. Someone who has merely been arrested for one of these crimes can now face mandatory detention, even if their criminal trial is still pending or if prosecutors later decide to drop the charges.

Affecting More Non-Citizens

The additional arrest triggers mean many more people are at risk of detention. However, this new rule does not apply to all non-citizens. The person arrested or charged must also be considered inadmissible under the Immigration and Nationality Act due to at least one of the following conditions:

• Entered without inspection (illegally)
• Committed fraud or misrepresentation to get an immigration benefit
• Lacked proper documents upon entry

It primarily affects those who entered the U.S. without authorization. The groups most at risk under the new rule are:

• DACA and TPS recipients: Many recipients of Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) originally entered the U.S. without inspection.
• Undocumented immigrants: These are individuals who entered without inspection and have no legal protections under U.S. law.

It does not apply to the following groups, as they are not considered inadmissible under the specific grounds listed in the Act:

• Lawful permanent residents (green card holders)
• Refugees or asylees
• Those on valid visas (like students or temporary workers), including those who may have overstayed their visa

A person who entered the United States without inspection as a child might have received DACA protection, which allows them to live and work legally in the United States. Because of the initial entry without inspection, they meet the inadmissibility condition of the Laken Riley Act. If they are arrested for one of the listed offenses, even something as minor as shoplifting, they meet the arrest condition set out by the Laken Riley Act. Immigration authorities must detain them, even if prosecutors later drop the charges.

Effects of a Felony on Cancellations and Withholdings of Removal

If you are petitioning a court for cancellation or withholding of removal, keep the following in mind. It can be difficult to win an appeal before an immigration court, especially once you’re considered a deportable alien. A deportable alien is someone whom the immigration authorities can legally remove from the United States. This includes foreign nationals who:

• Violated U.S. immigration laws
• Committed certain crimes
• Failed to maintain their legal status

While some people could file for withholding of removal, many felony convictions create a mandatory bar to this type of relief. Immigration laws bar those convicted of serious crimes from filing a withholding of removal.

In a withholding of removal, the applicant should prove a high chance of facing persecution in their country of origin. This persecution could be rooted in any of the five protected grounds, such as:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

If you were to face persecution in your country of origin for any of these reasons, you might qualify for withholding of removal. Even so, many criminal convictions create a mandatory bar to withholding of removal. Criminal convictions can significantly impact your case during any stage of removal proceedings.

Voluntary departure may be an option in removal cases. With voluntary departure, you can leave the U.S. while avoiding some immigration consequences of a removal order. Doing so may make it easier to return at a later date. This type of immigration relief is not available to those convicted of aggravated felonies.

Questions About How a Felony Can Affect Your Immigration Status? Talk to an Attorney

Certain felony convictions can have enormous consequences on your future, especially if you are a foreign national on a U.S. visa. Contact an immigration attorney to help you with your case and figure out the best legal option.

Speaking with an immigration attorney is completely safe, even if you do not have a legal immigration status. They are there to help you understand your rights and explore possible defenses. They can also help you identify any available relief options that could protect your status.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Your search results will also show important details about prospective attorneys, like ratings and whether they offer a free consultation.