The Critical Connection Between Criminal & Immigration Law
The intersection of criminal law and immigration law, often called "crimmigration," creates complex legal challenges for non-citizens facing criminal charges in the United States. A criminal conviction can do the following:
- Trigger deportation proceedings
- Prevent visa renewals
- Block citizenship applications
- Separate families
If you are dealing with a criminal case and immigration issues at the same time, you must understand how one affects the other.
Why Choose Raiser, Kenniff & Lonstein for Criminal & Immigration Defense in NY?
Raiser, Kenniff & Lonstein has expanded its practice to address the growing need for integrated criminal and immigration defense. With increased enforcement activity at the northern border and heightened scrutiny of visa holders, non-citizens face unique vulnerabilities when arrested or charged with crimes.
Our firm handles criminal defense alongside immigration consequences, providing comprehensive representation that protects both your freedom and your right to remain in the country. Our dual expertise is vital because criminal defense attorneys without immigration knowledge may secure plea deals that seem favorable but trigger automatic deportation.
Raiser, Kenniff & Lonstein represents clients in detention hearings and federal immigration matters nationwide, offering strategic defense regardless of where you're being held or where your case is pending.
Crimmigration: When Two Legal Systems Collide
Crimmigration refers to the overlap between criminal justice and immigration enforcement. For U.S. citizens, a criminal conviction results in fines, probation, or incarceration. For non-citizens, including green card holders, visa holders, and undocumented individuals, the same conviction can lead to removal from the United States.
Federal immigration law identifies certain criminal convictions as grounds for deportation or inadmissibility. These include:
- Aggravated felonies
- Crimes involving moral turpitude
- Controlled substance violations
- Domestic violence offenses
- Firearms crimes
Even minor convictions that seem insignificant can have devastating immigration consequences.
Crimes That Trigger Immigration Consequences
Aggravated Felonies
Despite the name, aggravated felonies under immigration law include offenses that aren't necessarily violent or classified as felonies under state law. The category encompasses crimes such as:
- Theft offenses with a sentence of one year or more
- Fraud involving loss exceeding $10,000
- Drug trafficking
- Illegal re-entry after deportation
- Certain sexual abuse offenses
An aggravated felony conviction makes a non-citizen deportable and generally ineligible for most forms of relief from removal. It also creates a permanent bar to re-entering the United States.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude (CIMTs) are offenses that involve dishonesty, fraud, or conduct that violates accepted moral standards. Examples include:
- Theft
- Fraud
- Assault with intent to harm
- Certain sex crimes
A single CIMT conviction within five years of admission to the United States can trigger deportation if the potential sentence is one year or more. Two or more CIMT convictions at any time can also result in removal.
Controlled Substance Offenses
Nearly any drug-related conviction, including simple possession of marijuana, can lead to deportation. Federal immigration law takes an extremely strict stance on controlled substance violations, with limited exceptions.
Even a first-time marijuana possession charge, which might be dismissed or result in a minor penalty under state law, can make a non-citizen removable from the United States.
Domestic Violence and Related Crimes
Convictions for domestic violence, stalking, child abuse, or violating protective orders trigger deportation. These convictions also prohibit non-citizens from obtaining immigration benefits in the future.
The Role of Detention Hearings
When Immigration and Customs Enforcement (ICE) detains a non-citizen, that individual has the right to a bond hearing before an immigration judge. At this hearing, the judge determines whether the person should be released on bond while their removal case proceeds or remain in detention.
Detention hearings require presenting evidence that the individual is not a flight risk or a danger to the community. Factors considered include:
- Family ties in the United States
- Employment history
- Community connections
- Criminal history
- Prior immigration violations
Raiser, Kenniff & Lonstein represents clients in detention hearings across the country, working to secure release so individuals can fight their cases from outside custody. Being released on bond allows better preparation of defenses, access to evidence, and time with family during uncertain proceedings.
Criminal Defense with Immigration Consequences in Mind
The most effective defense strategy for non-citizens accused of crimes must account for immigration consequences from the outset. The Supreme Court has recognized that defense attorneys have a constitutional obligation to advise non-citizen clients about the immigration consequences of guilty pleas.
Raiser, Kenniff & Lonstein structures defense strategies to minimize or eliminate immigration consequences whenever possible. This might involve:
- Negotiating for alternative charges that don't trigger deportation
- Seeking pre-trial diversion programs
- Pursuing dismissals or acquittals at trial
- Advocating for sentencing alternatives that preserve immigration status
In some cases, a slightly longer sentence for a lesser charge is preferable to a shorter sentence for a conviction that triggers automatic removal. These nuanced decisions require deep knowledge of both criminal and immigration law.
Visa Holders & Increased Border Enforcement
Recent increases in enforcement activity along the Canadian border have led to more scrutiny of visa holders traveling between the United States and Canada. Individuals with work visas, student visas, or tourist visas face additional questioning and potential detention based on criminal history or suspected violations.
If you hold a visa and face criminal charges, addressing both matters simultaneously is critical. A pending criminal case can result in visa revocation, while certain convictions make visa renewal impossible.
Federal Immigration Matters & Removal Defense
Immigration cases are federal matters handled in immigration courts separate from state criminal courts. Removal proceedings involve different rules, procedures, and standards than criminal trials.
Defending against removal requires presenting applications for relief such as cancellation of removal, asylum, adjustment of status, or waivers of inadmissibility. Each form of relief has specific eligibility requirements and deadlines that must be met.
Raiser, Kenniff & Lonstein handles removal defense in immigration courts nationwide, representing clients regardless of their location or immigration status. Federal representation allows the firm to assist clients detained far from New York or facing proceedings in other jurisdictions.
Protecting Your Future
The consequences of criminal convictions for non-citizens extend beyond immediate penalties. A conviction can prevent you from obtaining lawful permanent residence, block citizenship applications, separate you from family members, and result in permanent exile from the United States.
If you're a non-citizen facing criminal charges or already dealing with immigration consequences from a past conviction, seek legal counsel that addresses both dimensions of your case. Isolated criminal defense or immigration representation isn't sufficient; you need integrated advocacy that protects all aspects of your future.
Call Raiser, Kenniff & Lonstein at (888) 646-0025 or contact us online for a confidential consultation. Our team handles criminal defense, detention hearings, and federal immigration matters.