Immigrants facing criminal charges must understand how certain offenses can impact their immigration status.
Federal immigration laws list several crimes that can lead to deportation, and state laws may influence the outcomes of these cases.
Crimes involving moral turpitude
Crimes involving moral turpitude (CIMT) are considered offenses that violate societal standards of morality. Examples include theft, fraud, and assault. A single CIMT may lead to deportation if it occurs within five years of entering the U.S. and carries a sentence of one year or more. Multiple CIMTs, even if unrelated, can also trigger removal proceedings.
Aggravated felonies
Aggravated felonies encompass some of the most serious criminal charges for immigration purposes. These include crimes like murder, drug trafficking, or sexual abuse of a minor. In Colorado, felony drug charges or violent offenses can qualify as aggravated felonies, which may lead to deportation and a permanent bar from reentry.
Controlled substance violations
Crimes involving controlled substances can have severe immigration consequences. Federal law preempts Colorado’s marijuana legalization, meaning possession or distribution of marijuana, except in very limited quantities (30 grams or less), is a deportable offense. Other drug-related crimes often carry significant risks.
Firearms offenses
Firearms-related crimes, such as illegal possession, trafficking, or using a firearm in the commission of another crime, are deportable offenses. These charges can affect immigration status, regardless of whether they involve state or federal laws.
Domestic violence and protective order violations
Domestic violence charges or violations of protective orders can lead to deportation. Colorado’s strict enforcement of these laws aligns with federal immigration standards, underscoring the importance of understanding the implications of such accusations.
Facing criminal charges as an immigrant carries serious risks, including deportation. Knowing how specific charges impact immigration status is essential for building a strong defense and safeguarding the opportunity to remain in the U.S.