How Does an Arrest Affect Immigration Status?

Under laws like the Laken Riley Act, certain arrests for theft, burglary, or assault can result in mandatory federal detention for undocumented immigrants. 

Immigration officials can deport someone or revoke their immigration status because of a felony. They may even do so for a non-felony conviction. But a criminal conviction does not automatically result in deportation. The penalties depend on your current status, the type of offense, and the specific facts surrounding your case.

Under federal law, officials can detain and deport people for various reasons. This includes criminal offenses that are not felonies or misdemeanors under state law. Even just being arrested for certain crimes can increase the risk of deportation.

It’s important to understand that while arrests can trigger immigration enforcement action and detention, removal proceedings are typically based on convictions, not arrests alone. However, an arrest may lead to the discovery of other immigration violations or previous convictions that could result in removal.

Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) may use any or all of these procedures to begin removal proceedings. Not all require judicial warrants.

In this article, we’ll explain how criminal arrests and convictions are handled under U.S. immigration laws. If you have any prior criminal convictions, even a DUI or low-level drug offense, you should consider speaking with an immigration attorney as soon as possible. Immigration law is extremely complex, so it’s best to get advice from someone who can analyze the facts of your specific case.

Deportable Crimes Under the Immigration and Nationality Act

The Immigration and Nationality Act (INA) outlines the basic grounds for deportation, including criminal convictions that may result in removal. However, immigration courts do not try criminal cases. They arrange for the deportation of individuals who meet certain criteria.

Crimes are treated differently in immigration law than in state or federal court. The INA defines two types of deportable crimes:

Aggravated Felonies

The INA defines several categories of crimes as “aggravated felonies.” They include serious criminal offenses like murder and drug trafficking. Other aggravated felonies include:

• Trafficking in weapons
• Battery
• Theft
• Failure to appear for a court hearing
• Filing a fraudulent tax return
• Possession of a controlled substance

Not all of these offenses are felonies in state or federal criminal laws. Some may be misdemeanors or infractions.

Crimes Involving Moral Turpitude

Federal immigration laws do not specifically define “crimes of moral turpitude.” Instead, immigration courts determine whether a particular offense qualifies as a CIMT by examining its specific elements and how it was committed.

Generally, these are offenses that immigration law considers to involve dishonesty, fraud, or conduct that is considered contrary to community standards. The determination focuses on the nature of the criminal act itself, not on the person who committed it.

Common examples of crimes that courts have found to involve moral turpitude include fraud and financial crimes, such as:

• Identity theft
• Credit card fraud
• Tax evasion
• Forgery
• Embezzlement
• Money laundering
• Burglary and other theft crimes

Crimes against persons, especially children, are also often considered CIMT. For example:

• Domestic violence
• Aggravated assault
• Sexual offenses involving minors, including child pornography

If you have been convicted of any crime, it’s important to have an immigration attorney review your specific case. The moral turpitude classification requires detailed legal analysis of both the criminal statute and immigration law. The same offense might be classified differently depending on how each state defines it. An attorney can help determine how your specific situation might be affected and what options may be available to you.

Remember that a conviction for a crime involving moral turpitude doesn’t automatically lead to deportation. The consequences depend on many factors, including your immigration status, when the offense occurred, and whether you have other convictions.

Arrests vs. Convictions

For the purpose of deportation proceedings, an “arrest” may be different from a “conviction.” In general, a “conviction” means the individual received a formal judgment of “guilty” in a court of law. For immigration cases, a “conviction” may also mean:

• A judge or jury found the individual guilty after a trial, but no verdict was entered.
• The individual entered a guilty plea, a plea of nolo contendere (no contest), or an Alford plea (facts sufficient to warrant a finding of guilt).
• A judge issued a penalty, punishment, or restraint on the individual’s liberty.

Juvenile convictions where the defendant was charged as an adult, court-martial convictions, and deferred adjudications that meet the requirements of finding or admission of guilt and imposition of punishment all qualify as convictions.

Things which do not qualify as convictions for immigration purposes include:

• Pretrial diversion, where an admission of guilt is not required
• Juvenile convictions where the defendant was charged as a minor (under 18)
• Nolle prosequi rulings (where prosecutors decide not to further prosecute the case) and judgments vacated for constitutional or statutory defects or pre-conviction errors affecting guilt

In any situation where a finding or admission of guilt has been made, and punishment or detention has been imposed, there is a presumption of conviction for immigration purposes.

Expungements and Probation

An expungement removes a conviction from the individual’s record. But many offenses are not eligible for expungement, including most of the ones that involve “good moral character.”

For immigration purposes, expunged cases are generally still considered convictions, though there may be exceptions depending on the type of expungement and jurisdiction. They must be disclosed on a naturalization application.

Individuals on probation, parole, or suspended sentences cannot complete their naturalization process until they complete the terms of their sentence. Probation or parole does not prevent completing naturalization, but it may affect the result.

How Does an Arrest Affect the Process?

Being arrested is not an automatic ticket to deportation. However, an arrest can have serious consequences because, during the detention process, law enforcement officers may perform background checks and discover previous convictions, probation, and other conditions that may result in deportation.

In addition, unauthorized immigrants who have previously been arrested, even if not convicted, of offenses listed under the Laken Riley Act (discussed below) are subject to immediate federal detention and possible deportation without trial.

Expanded Expedited Removal

Most individuals have the right to appeal their removal order. But expanded expedited removal guidelines allow the removal of some individuals without a hearing.

The Bush administration began the process in 2004, and initially limited it to noncitizens who were apprehended:

• Within two weeks of an unlawful entry into the United States, and
• Within 100 miles of a U.S. land border

This policy was expanded in 2025 to include undocumented immigrants apprehended:

• Anywhere in the U.S.,
• Who cannot prove at least two years’ residence in the U.S., and
• Who did not enter at a designated port of entry or paroled into the U.S. after a hearing and had the parole revoked

Expanded expedited removal does not apply to visa overstays, though they must be able to show they entered on a valid visa. Under expedited removal, courts may detain and deport individuals without other due process, such as a right to an attorney.

The Laken Riley Act

In 2024, Georgia graduate student Laken Riley was murdered by Jose Ibarra, an undocumented immigrant who had previously been arrested for petty theft. Ibarra had shoplifted items from a Georgia Walmart. He failed to appear for a hearing on the shoplifting charge, and a bench warrant was issued for his arrest around the time of Riley’s death.

That same year, Congress passed the Laken Riley Act, which mandated federal detention for all undocumented immigrants arrested or convicted of:

• Burglary
• Theft or petty theft (including shoplifting)
• Larceny

The act became law in January 2025. The Cornyn Amendment added assault on a law enforcement officer. The Ernst Amendment, or Sarah’s Law, added crimes that result in death or serious bodily injury.

The Laken Riley Act does not apply to:

• Green card holders (legal permanent residents)
• Immigrants with refugee status
• Immigrants who entered on visas, even if the visa has expired

The Laken Riley Act expanded the number of undocumented immigrants who can be held in federal detention. But it is not yet clear how states must respond to the Act.

Who Do These Laws Impact?

Aggravated felonies generally affect your immigration status and can result in deportation, especially violent crimes like murder, robbery, and drug offenses. But even minor or old convictions can have serious consequences for your immigration status.

Not all non-citizens are subject to deportation under the INA. The consequences of a criminal conviction vary widely, depending on your current status. For example:

• Legal permanent residents (LPRs), also known as green card holders, are the least likely to face removal for an arrest. But if convicted, courts may order LPRs deported or deny them citizenship after they complete their sentences.
• Refugees have fled to the US because of persecution or upheaval in their home country. The courts or government may revoke refugee status. A criminal conviction can result in deportation, even if the refugee will face grave danger upon returning to their home nation.
• Asylees are those who have requested protection after arriving in the United States. Asylees can only be deported after conviction for a “particularly serious crime.”
• Temporary lawful status includes those with nonimmigrant visas, temporary protected status (TPS), and other legal presence. They may lose their status after any felony conviction or two or more misdemeanor convictions.

If you have a criminal history and fall into one of these categories, you can request an adjustment of status before any removal proceedings begin. You should consult an immigration attorney to review your options as soon as possible.

How To Find Legal Help as a Noncitizen Facing Criminal Charges

Immigration and deportation laws change frequently in the United States. This can be overwhelming and confusing on its own, especially for noncitizens facing criminal charges. If you’re facing deportation because of a criminal record, or you’re afraid you could lose your green card eligibility because of a past conviction, talk to an immigration attorney right away.

If you’re facing new criminal charges, seek help from a criminal defense attorney. They can help you build a defense that can help avoid conviction. Cancellation of removal proceedings is more difficult than preventing them, and your lawyer can help begin that process.

If you consult an attorney on immigration matters, they cannot report your case to immigration authorities. Attorney/client privilege protects your case, so you do not need to fear for yourself or family members. The right lawyer can provide the assistance you need to:

• Request relief from removal
• Become a U.S. citizen or become a lawful permanent resident
• Obtain a noncitizen visa or work permit
• Advocate for a loved one who has been detained
• Navigate communications with U.S. Citizenship and Immigration Services (USCIS)

FindLaw’s directories of immigration attorneys and criminal defense attorneys can get you started. Both federal and state immigration laws are relevant, so your attorney should be licensed in your state. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.