For non-citizens in Pennsylvania, a criminal charge can have significant consequences, even if it’s a relatively minor infraction.
When criminal law and immigration law intersect, it leads to complex legal issues, and punishments that are different from those that citizens are subject to. Immigrants charged with crimes can end up being detained, denied benefits, or even deported. Understanding how criminal law interacts with immigration enforcement is one of the most important things for immigrants to understand, and one of the most challenging things for their legal representatives to navigate – especially during fraught political times.
In Pennsylvania, as in other states, criminal convictions can trigger serious legal consequences for immigrants under federal law. Crimes involving moral turpitude (CIMTs), aggravated felonies, and controlled substance offenses present particularly big problems, but even minor crimes like petty theft or possessing small amounts of illegal drugs can lead to removal proceedings. For example, under the Immigration and Nationality Act (INA), a green card holder (who is already a lawful permanent resident) may become deportable if they’re convicted of a CIMT within five years of entry into the country.
The situation is even harder for immigrants who are either undocumented or in the United States on temporary visas. This group is especially vulnerable, as a criminal charge can lead immigration authorities to begin removal proceedings without waiting to see whether they are found guilty or not. In some cases, ICE (Immigration and Customs Enforcement) can place a detainer on a person in a local jail and ask for them to be held for transfer into federal custody. This process bypasses many of the normal protections available through the criminal justice system — and can result in prolonged detention.
The challenges don’t stop there. The plea deals that are usually seen as beneficial in criminal court can have the reverse effect for non-residents, and even lead to immigration penalties. As a result, criminal defense attorneys must also have deep knowledge of immigration law. This requirement was made clear in a court that went all the way to the U.S. Supreme Court: Jose Padilla, a Honduran national and lawful permanent resident whose attorney failed to inform him that the crime he pleaded guilty to had mandatory deportation consequences under federal law. Padilla appealed his deportation, arguing that his defense attorney’s failure to let him know about the deportation risks represented ineffective assistance of counsel, a violation of his Sixth Amendment right to counsel. The high court agreed with Padilla, putting criminal defense attorneys throughout the country on alert as to their responsibilities.
Criminal convictions can prevent immigrants from obtaining green cards, asylum, or citizenship. Federal immigration authorities may consider the underlying charges in immigration proceedings, even if a case is dismissed or expunged under state law.
Criminal charges, no matter how minor, can carry life-altering consequences for immigrants and non-citizens, so working with an attorney who understands these risks is essential. If you need help with any type of immigration issue, contact our experienced attorneys today.