{"id":381757,"date":"2025-10-02T08:36:18","date_gmt":"2025-10-02T13:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/?page_id=381757"},"modified":"2025-10-02T08:31:30","modified_gmt":"2025-10-02T13:31:30","slug":"how-does-an-arrest-affect-immigration-status","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/deportation-removal\/how-does-an-arrest-affect-immigration-status.html","title":{"rendered":"How Does an Arrest Affect Immigration Status?"},"content":{"rendered":"\n
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How Does an Arrest Affect Immigration Status?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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An arrest can significantly affect immigration status<\/span> by triggering enforcement actions, detention, and potential removal proceedings<\/span>, even without a conviction. While arrests alone typically don’t result in deportation<\/span>, they can lead to background checks that reveal previous violations or convictions that may make someone deportable<\/span>.<\/p>\n\n <\/div>\n\n\n\n

Under laws like the Laken Riley Act, certain arrests for theft, burglary, or assault can result in mandatory federal detention for undocumented immigrants.\u00a0<\/p>\n

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

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

It’s important to understand that while arrests can trigger immigration enforcement action and detention, removal proceedings<\/span> 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.<\/p>\n

Immigration and Customs Enforcement<\/span> (ICE) and U.S. Customs and Border Protection (CBP) may use any or all of these procedures to begin removal proceedings<\/span><\/a>. Not all require judicial warrants.<\/p>\n

In this article, we’ll explain how criminal arrests and convictions are handled under U.S. immigration laws<\/span>. If you have any prior criminal convictions<\/span>, even a DUI<\/span> or low-level drug offense, you should consider speaking with an immigration attorney<\/span><\/a> as soon as possible. Immigration law<\/span> is extremely complex, so it\u2019s best to get advice from someone who can analyze the facts of your specific case.<\/p>\n

Deportable<\/span> Crimes Under the Immigration and Nationality Act<\/h2>\n

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

Crimes are treated differently in immigration law<\/span> than in state or federal court<\/a>. The INA defines two types of deportable<\/span> crimes:<\/p>\n

Aggravated Felonies<\/span><\/h3>\n

The INA defines several categories of crimes<\/a> as \u201caggravated felonies<\/span>.\u201d They include serious criminal offenses<\/span> like murder and drug trafficking<\/span>. Other aggravated felonies<\/span> include:<\/p>\n