Criminal convictions and criminal offenses are the most common reason why non-citizens end up in immigration removal proceedings.
But determining what crimes will result in deportation can be incredibly difficult.
There are literally hundreds if not thousands of Attorney General opinions, immigrant court rulings, and federal court opinions, including dozens of Supreme Court decisions, that are dedicated to this single topic. It is that complex.
Obviously, this article can't cover everything, but you should have a general understanding before you talk with an experienced immigration attorney about your case.
Criminal Convictions and Immigration Status
Whether a criminal conviction subjects you to deportation depends on your immigration status.
The Immigration and Nationality Act (INA) divides noncitizens into 2 categories
· Noncitizens who have been “admitted” into the United States
· Noncitizens who have not been “admitted” into the United States
Under INA 101(a)(13)(A), “admitted” means you have “lawfully entered the United States after inspection and authorization by an immigration officer.”
Example #1: Jose came to the United States from Mexico to study at the University of Washington. Before arriving, he applied for and received a student visa.
Jose has been “admitted” to the United States for purposes of immigration law.
Example #2: Same facts but assume Jose's visa expires after he graduates from UW and he remains in the country.
Jose is still considered “admitted” under the INA because he initially entered the United States legally.
Example #3: Maria crosses the border without a proper visa or other entry document. She moves to Portland, gets a job, starts a family, and has children. She has been a law-abiding member of the community for over 15 years.
Maria has not been “admitted” under the INA because she initially came to the country illegally, even if she has not committed any other crimes.
Example #4: Same facts, but in Maria applies to be lawful permanent resident (LPR) and she receives a Green Card in January 2026.
Maria has now been “admitted” to the country. Under the INA, a lawfully admitted LPR is considered admitted regardless of how the noncitizen originally entered the country.
Please note that is not a complete analysis. If you are granted asylum, for example, you are not considered admitted even though an immigration judge signed an order granting you this status. And, in some cases, you can lose your LPR status and become “not admitted.”
What crimes are grounds for deportation?
When the Department of Homeland Security (DHS) starts removal proceedings against you, the prosecutor will allege that you are subject to deportation under INA §237 or INA §212.
- INA §237: If you have been “admitted,” you are subject to removal based on grounds of deportability
- INA §212: If you have not been “admitted,” you are subject to removal based on grounds of inadmissibility
This distinction is important because DHS cannot charge you under both statutes.
Deportability-Based Crimes under INA §237
There are eight (8) broad categories of crimes that will subject an “admitted” noncitizen (sch as an LPR) to deportation:
- Aggravated Felonies
- National Security crimes
- Firearm offenses
- Controlled Substance offenses
- Domestic Violence crimes
- Child Abuse crimes
- Miscellaneous offenses
- Crimes involving moral turpitude (CIMT
1. Aggravated Felonies
The INA classifies a long list of crimes as aggravated felonies. They include
- Murder
- Rape
- Sexual abuse of a minor
- Child pornography (distribution)
- Prostitution crimes (managing, transporting, and trafficking)
- Firearm offenses (possessing, using, purchasing, selling weapons or firearms)
- Drug trafficking (manufacturing, distributing, or selling controlled substances)
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The following crimes if the court sentences to 1 year or more in prison
- Burglary or theft crimes
- Commercial bribery offenses
- Obstruction of justice offenses (including bribery and perjury)
- Alien smuggling offenses (with an exception for spouse, parents, and children)
- Tax evasion if the government suffered a loss of more than $10,000
- Money laundering offenses involving more than $10,000
- Failure to appear (“bail jumping”) if the underlying offense is a felony punishable by 2 or more years in state or federal prison
You are also deportable if you are convicted of attempting to commit or conspiracy to commit any of these aggravated felonies.
This list of crimes applies to any conviction in state or federal court.
2. National Security Crimes
- Treason
- Sabotage
- Sedition
- Espionage
3. Firearm Offenses
A noncitizen is deportable for any conviction of purchasing, selling, using, or possessing a firearm, regardless of whether the crime is a felony or misdemeanor.
4. Controlled Substance Offenses
A noncitizen is deportable for any conviction (felony or misdemeanor) relating to controlled substances, including possessing, manufacturing or selling illegal drugs.
Exception: You are not removable if have a single conviction for personal use of 30 grams or less or marijuana.
5. Domestic Violence Crimes
A crime of domestic violence (DV) is a crime against a current or former spouse, a co-parent of a child, or anyone with whom you are living at the time of the crime.
Typical DV crimes are assault, stalking, and violating a civil or criminal protection order.
6. Child abuse crimes
For immigration purposes, child abuse includes child neglect, child abandonment, in addition to more well-known definition of intentionally assaulting or threatening a child with bodily harm.
7. Miscellaneous offenses
- Human trafficking
- Falsely claimed U.S. citizenship to receive government benefits or assistance
- Failure to register as a sex offender
- High-speed flight (fleeing from an immigration checkpoint while speeding above the legal limit)
8. Crimes Involving Moral Turpitude (CIMT)
Lastly, the U.S. government can forcibly remove noncitizens from the country who have any conviction involving moral turpitude, so long as one of factors is present:
- Your CIMT crime was a felony and you committed the crime within 5 years of being admitted to the United States (or within 10 years of you are a LPR)
- You have two (2) or more CIMT convictions (any time, type, or place) and the crimes were not part of the same incident.
Although the INA does not define the term “moral turpitude,” the courts have interpreted it to mean a crime that is base, vile, or depraved and violates accepted moral standards. Put another way, the crime is morally reprehensible.
Because there is no standard definition, and because every state defines morality differently, we cannot provide you a standard list like we do with the other categories.
With that said, there are certain offenses that are usually considered CIMT across the country. These offenses include:
- Rape
- Incest
- Child abuse
- Prostitution
- Perjury
- Arson
- Kidnapping
- Robbery
- Aggravated assault
In some cases, a DUI may be deemed a CIMT in Washington, Oregon, Alaska, or Hawaii, depending on the facts of the case
Inadmissibility-Based Crimes under INA §212
There are six (6) broad categories of crimes that will subject a noncitizen who has not been “admitted” to the United States (i.e., a so-called illegal immigrant) to deportation:
- Crimes involving moral turpitude (CIMT)
- Controlled substance offenses
- Multiple criminal convictions
- Prostitution offenses
- Human trafficking
- Money laundering
As you can see, there is some overlap with the deportability-based crimes, but as you will see there are significant differences.
In fact, the inadmissibility-based crimes are broader that the deportability-based crimes, which means you are far more vulnerable to ending up an immigration removal proceedings.
A conviction is not required
Unlike deportability-based crime, some inadmissibility-based crimes do not require a conviction. That is, the government sometimes just needs to show that it reasonably believed that you committed a crime.
Lawyers and judges call this the “reason to believe” test, which comes from INA §212
Examples include
- You admitted in court that you committed Crime X even if prosecutors eventually dismissed the case
- The court found that you violated your probation based on a police report showing you were arrested for Crime Y even if prosecutors never charged you with Crime Y.
- You told an immigration officer during an interview that you engaged in criminal conduct that would support a conviction for Crime Z.
1. Crimes Involving Moral Turpitude
A noncitizen is inadmissible under INA §212 (and therefore deportable) for a conviction of a crime involving moral turpitude. But unlike INA §237, you can be removed for any conviction (whether a felony or misdemeanor) at any time.
Furthermore, you are deportable if you admitted (for example, to an immigration judge or an immigration officer) that you committed a CIMT, even if you were not charged or convicted.
There are only two exceptions:
Petty offense exception: You have only one (1) CIMT conviction in your lifetime, the maximum possible sentence was less than 1 year in prison, and you received a sentence of 6 months or less.
Youthful offender exception: You have only one (1) CIMT conviction in your lifetime, you were under 18 years old at the time of the offense, and at least 5 years have passed since you were convicted or released from prison.
2. Controlled Substance Offenses
A non-admitted noncitizen is removable for any conviction (felony or misdemeanor) relating to controlled substances, which includes possessing, manufacturing or selling illegal drugs.
But unlike in INA §237, there is no exception for simple possession of 30 grams or less of marijuana. In other words, you are removable from the United States even for a conviction for possessing the tiniest amount of marijuana.
3. Prostitution Offenses
You are removable if you engaged in any form of prostitution within 10 years of applying for admission to the country.
Note that the definition of prostitution under INA §237 is far broader than under INA §12, which covers only managing, transporting, and trafficking.
Note also that a conviction for the crime of prostitution is not necessary – an admission to a judge or immigration officer will subject you to removal proceedings.
4. Money Laundering
You are removable if the government has “reason to believe” that you have engaged in money laundering. A conviction is sufficient but not necessary, as discussed above.
5. Human Trafficking
You are removable if the government has “reason to believe” that you engaged in or conspired to engage in human trafficking. As with money laundering, a conviction is sufficient but not necessary.
6. Multiple Convictions
Finally, you are removable if you have been convicted of two (2) or more crimes (regardless of time, type, or place) andyou received a combined sentence of five (5) years or more in prison.
For purposes of INA §12, the prison time can be imposed or suspended.
Example: In 2022, a jury in Seattle found you guilty of burglary in the second degree (a felony) in King County Superior Court) and you received 1 year in state prison. In 2024, a jury in Honolulu, Hawaii found you guilty of trespass in the first degree (a misdemeanor) in Oahu Circuit Cout. In this case, the judge imposed a four (4) year suspended sentence but ordered you to serve only 30 days in jail.
You are removable because your combined sentence was 5 years – the 1-year prison sentence in Washington State plus the 4-year suspended sentence in Hawaii.
