What Crimes Can Get You Deported from the U.S.?

A single mistake, a misunderstanding, or a bad decision can lead to flashing blue and red lights in your rearview mirror on I-280. For a U.S. citizen, an arrest is stressful. For a non-citizen living in San Jose, that same arrest can threaten your entire future in this country. The question we hear most often is, “Can this criminal charge get me deported?”

The answer is a definite maybe. U.S. immigration law is complex, and its intersection with California criminal law creates a minefield for immigrants, visa holders, and even lawful permanent residents (Green Card holders). A criminal conviction that seems minor in the Santa Clara County Superior Court could be the one that triggers removal proceedings. Understanding which crimes jeopardize your immigration status is the first step in building a powerful defense.

The Critical Link Between State Crimes and Federal Immigration Law

Immigration enforcement is a federal matter governed by the Immigration and Nationality Act (INA). Criminal charges, on the other hand, usually start at the state or local level. What many people don’t realize is that how a crime is defined under California law doesn’t always matter to federal immigration authorities.

Immigration law has its own set of definitions for what makes a crime a deportable offense. This means a California misdemeanor could be classified as an aggravated felony for immigration purposes, carrying devastating consequences. A plea deal that looks like a great outcome in your criminal case might be the very thing that makes you deportable.

c The Point of No Return

The term aggravated felony is one of the most misunderstood in immigration law. It is not just a serious felony; it is a category of offenses defined explicitly by federal law that carries the harshest immigration penalties. A conviction for an aggravated felony makes a non-citizen deportable and also bars them from most forms of relief, such as asylum or cancellation of removal.

The list of crimes considered aggravated felonies is long and includes many offenses you might not expect. Some common examples under INA § 101(a)(43) include:

• Theft offenses, including receipt of stolen property, where the term of imprisonment is at least one year
• Drug trafficking offenses
• Crimes of violence with a sentence of at least one year
• Fraud or deceit offenses where the loss to the victim exceeds $10,000
• Murder, rape, or sexual abuse of a minor

Fighting to avoid a conviction that could be labeled an aggravated felony is paramount. There are very few second chances once this label attaches to your case.

Crimes Involving Moral Turpitude (CIMT)

Another dangerous category for non-citizens is the Crime Involving Moral Turpitude (CIMT). This is not a specific crime but a legal concept describing conduct that is inherently base, vile, or depraved and contrary to the accepted rules of morality. Because the definition is vague and depends on case law, it can be applied to a wide range of offenses.

Generally, a non-citizen is deportable if they are convicted of:

1. A CIMT committed within five years of their admission to the U.S. for which a sentence of one year or longer could be imposed.
2. Two or more CIMTs at any time after admission, as long as they did not arise from a single criminal scheme.

In California, crimes that are frequently classified as CIMTs include fraud, perjury, and some assault charges. An experienced immigration defense attorney understands how to analyze a California statute to argue that a specific conviction does not qualify as a CIMT.

The Dangers of Controlled Substance Offenses

Drug laws in California have become more lenient over the years, but federal immigration law has not kept pace. With few exceptions, almost any conviction related to a controlled substance can make a non-citizen deportable. This includes simple possession, possession for sale, trafficking, and manufacturing.

This creates a serious trap. While possession of marijuana for personal use might result in a minor penalty under California law, it remains a federally controlled substance. A conviction can still be used by Immigration and Customs Enforcement (ICE) as grounds for deportation. The only narrow exception is for a single offense of simple possession of 30 grams or less of marijuana. Any other drug conviction puts your status at severe risk.

Other Common Deportable Offenses

Beyond the major categories, federal law lists several other specific types of convictions that can lead to deportation. It is vital to know if the charges you face fall into one of these classes.

• Domestic Violence, Stalking, and Child Abuse: A conviction under statutes like California’s Penal Code § 273.5 (corporal injury to a spouse) can trigger removal proceedings. Violating a protective order can also be a separate ground for deportation.
• Firearms Offenses: Any conviction for illegally purchasing, selling, possessing, or carrying a firearm is a serious deportable offense.
• Failure to Register: If you are required to register as a sex offender and fail to do so, that failure is a deportable offense.

Don’t Face the Fight Alone

If you are a non-citizen charged with a crime in San Jose or anywhere in the Bay Area, you are fighting a war on two fronts: the criminal justice system and the immigration system. A win in one doesn’t guarantee safety in the other. The stakes are too high to proceed without a defense team that understands both arenas.

At The Law Offices of Daniel Shanfield Immigration Defense P.C., we bring a competitive, no-quit approach to every case. We built our reputation on taking on the tough fights and demanding a path forward for our clients. If you or a loved one is facing a criminal charge that could lead to deportation, call us now at 408-359-4388 to discuss your case.