In recent years, the intersection between immigration and criminal law has become a contentious point of national debate. In his previous term, President Trump’s policies and rhetoric focused heavily on reinforcing immigration laws, with specific attention on the treatment of non-citizens who have pending or prior criminal cases. While some of these policies were rolled back or altered under subsequent administrations, considering the newly elected President’s clearly communicated intentions, these issues at hand are obviously of great concern to non-citizens.
Understanding what constitutes a “conviction” in immigration matters, the implications of criminal acts versus formal convictions, and how enforcement by agencies like Immigration and Customs Enforcement (ICE) might be influenced by such policies is crucial for those navigating this complex legal landscape.
While Mitchell S. Sexner & Associates LLC is not an immigration law firm and cannot offer immigration advice, they have extensive experience handling criminal and traffic cases, which can be critical for non-citizens whose criminal history may affect their immigration status. Our criminal / Traffic legal team can be reached at (312) 644-0444. This blog explores how criminal convictions impact immigration matters, the criteria ICE uses for enforcement, and what non-citizens need to know about how these potential policy shifts could affect them.
What Constitutes a “Conviction” in Immigration Matters?
When dealing with immigration matters, the term “conviction” can have a unique meaning that is different from its meaning in criminal law. Immigration law operates under its own definitions and regulations, especially in determining what makes an individual “inadmissible” or “deportable.” Under the Immigration and Nationality Act (INA), the definition of a conviction is a formal judgment of guilt which has been entered by a court or, in those cases where no judgment has been entered, there are certain other alternative meanings that may still qualify.
According to the INA, a conviction for immigration purposes can exist if:
- A formal court judgment finds the person guilty.
- Sufficient facts have been admitted by the individual to establish guilt or they have entered a guilty or nolo contendere (no contest) plea.
- Some form of penalty, punishment, or restraint on the liberty of the person has been ordered by the judge.
This means that even if a non-citizen avoids jail time or conviction through traditional means, certain alternative sentencing resolutions—like deferred adjudication, deferred prosecution, supervision, probation, First Offender Programs, Intervention Courts, Drug Treatment Courts, or plea agreements—can still qualify as convictions under immigration law.
For example, an individual who receives a “deferred adjudication” might assume they avoided a conviction (which actually is considered true under criminal court definitions). However, under immigration law, if that agreement required an admission of guilt or imposed any restraint on liberty, it could still be counted as a conviction for immigration purposes.
What is a “Chargeable Criminal Offense”?
An important distinction in immigration matters is whether a non-citizen needs to be formally convicted of a crime or if merely committing acts that constitute a “chargeable criminal offense” is enough to raise concerns. Under certain policy proposals, the enforcement focus may shift to include individuals who have committed acts that could lead to criminal charges, even if those charges were never formally pursued or led to a conviction.
While it has generally been true that a conviction is necessary for certain immigration consequences (such as deportation due to aggravated felonies), immigration authorities may still scrutinize behaviors or incidents that suggest criminal activity. For instance, ICE may consider a person’s involvement in activities that, if charged, would constitute a criminal offense. Although the INA specifies that a “conviction” is required for many grounds of removal, the agency has wide latitude in investigating and prioritizing enforcement against individuals whose actions suggest unlawful conduct, even if they are never actually charged by the police.
This broad interpretation could be especially significant for non-citizens who are neither citizens nor lawful permanent residents (LPRs). In some cases, immigration authorities have pursued deportation based on allegations alone if they believe there’s evidence of criminal activity, even without a conviction.
Future ICE Enforcement Under Trump
Trump’s policy intentions place strong emphasis on prioritizing the removal of individuals who are seen as posing a “public safety threat.” This expands the category of deportable offenses and prioritized enforcement for a broader range of criminal convictions, including non-violent or lower-level crimes that might not have been prioritized under previous administrations.
Under these policy intentions:
- ICE has broader discretion to detain and initiate removal proceedings against non-citizens with criminal records.
- Even minor infractions, like certain traffic violations, DUIs or misdemeanor charges, could trigger immigration enforcement actions.
- ICE agents may be directed to interpret criminal conduct broadly, meaning non-citizens could find themselves under scrutiny for offenses that had previously been lower priorities.
Although policies change from administration to administration, Trump’s approach underscores the importance of understanding how even minor criminal or traffic issues can impact immigration status.
What is the Difference Between a Criminal Act & Conviction?
It’s also important to note that immigration law has several “inadmissibility” and “deportability” grounds that do not require a criminal conviction. For example:
- Controlled Substance Violations: An individual can be found inadmissible for simply admitting to the essential elements of a drug offense, even if they were never formally charged or convicted.
- Moral Turpitude: Acts involving “moral turpitude” can affect a non-citizen’s immigration status even if they don’t lead to a conviction. Crimes of moral turpitude generally include offenses that involve dishonesty or immoral behavior, such as retail theft, and ICE has broad discretion in defining what constitutes “moral turpitude.”
In light of these provisions, non-citizens should recognize that engaging in certain actions, even if they do not lead to formal charges or convictions, may still have serious implications on immigration status.
How Can Mitchell S. Sexner & Associates LLC Help with Criminal & Traffic Matters
The policy climate may shift, but the consequences of criminal activity on immigration status are substantial and often unforgiving. While Mitchell S. Sexner & Associates LLC is not an immigration law firm, they do concentrate in criminal and traffic law, which can directly impact a non-citizen’s immigration status. Working with experienced criminal defense attorneys is crucial for non-citizens who may face criminal charges, as even minor infractions can lead to unintended immigration consequences.
Experienced defense attorneys can assist by:
- Negotiating plea deals to Minimize Charges: Defense attorneys can try to negotiate to have charges reduced which might limit the potential immigration consequences of a conviction.
- Securing alternative sentencing: Certain alternative sentences or deferred adjudications might lessen the impact on immigration status, although each case needs careful assessment to avoid immigration pitfalls.
What Should Non-Citizens Be Aware of under President Trump’s Policies?
Non-citizens should be vigilant about their legal records and the potential for immigration consequences stemming from even minor criminal infractions. Policies may vary with political changes, but understanding the potential for ICE enforcement under different administrations is essential.
A few key takeaways include:
- Know your rights: Non-citizens have rights within the criminal justice system, and understanding these rights is critical for minimizing negative outcomes.
- Seek legal assistance early: Engaging with a skilled defense attorney can make a difference in both the criminal and immigration outcomes.
- Stay informed: Immigration policies and enforcement priorities can change. Staying updated and maintaining a clean legal record is essential.
Where Else Can I Find Information on This Subject?
Additional information about how criminal and traffic cases can affect your immigration can be found here in another Mitchell S. Sexner & Associates LLC website article, titled Criminal and Immigration Law in Chicago”.
Select our link HERE to view this additional article.
Mitchell S. Sexner & Associates LLC is a law firm founded in 1990 and concentrates its practice in the areas of criminal, traffic, personal injury, medical malpractice and civil rights law. Our firm does not handle immigration matters. As such, the reader should consult an immigration attorney for the best and most current information on immigration questions. Materials that are presented on this site are intended only for the reader’s informational purposes and any such use of this contained material is done at the user’s own risk. This website is exclusively intended to be a public resource for general information only, and this contained information is intended, although not guaranteed or promised to be, up-to-date, correct, or complete.
In Conclusion
While recent policy shifts may bring changes to how immigration enforcement is prioritized, non-citizens must continue to be vigilant about their legal matters, as even minor criminal cases can significantly impact immigration status. Mitchell S. Sexner & Associates LLC is well-equipped to provide legal support in criminal and traffic cases, helping non-citizens navigate the complexities of the criminal justice system in a way that may help to protect their immigration interests. By understanding the nuances of criminal convictions as they relate to immigration law and seeking experienced legal counsel, non-citizens can better safeguard their future in the United States. Our legal team can be reached at (312) 644-0444.