For non-citizens living in the United States, few issues are as frightening as the possibility of deportation after a criminal conviction. Immigration law treats certain crimes as grounds for removal, and changes in policy can affect who faces deportation and who may qualify for relief. With 2025 bringing updates to U.S. immigration enforcement priorities, it is important to understand how criminal convictions impact deportation cases today. Knowing what types of offenses trigger removal and what defenses may be available is essential for immigrants and their families.
Crimes That Commonly Lead to Deportation
Under U.S. immigration law, not every conviction results in deportation, but many do. Some of the most common categories of crimes that can lead to removal include:
- Crimes Involving Moral Turpitude (CIMTs): These are offenses considered to show dishonesty or morally unacceptable behavior, such as fraud, theft, or certain violent crimes. Even one CIMT conviction can make a person removable in some circumstances.
- Drug Offenses: Convictions for possession, trafficking, or distribution of controlled substances almost always trigger deportation, with very few exceptions.
- Aggravated Felonies: This category includes a wide range of crimes, from murder and rape to certain theft or fraud offenses involving significant amounts of money. Aggravated felonies carry the harshest immigration consequences, including permanent bars to reentry.
- Domestic Violence and Related Offenses: Convictions for domestic violence, stalking, or violating protection orders can also result in deportation.
- Firearms Offenses: Possession or trafficking of illegal firearms can lead to removal proceedings, even for long-term residents.
Each of these categories has its own legal definitions and exceptions. Because immigration law is constantly changing, the way a conviction is classified in 2025 may differ from how it was treated in the past.
How 2025 Policy Updates Impact Criminal Deportation Cases
In 2025, immigration enforcement continues to prioritize individuals with certain criminal convictions. The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) are focusing on offenses considered threats to public safety, such as violent crimes, drug trafficking, and aggravated felonies. However, even less serious offenses can still trigger deportation proceedings, particularly if combined with unlawful presence in the U.S.
Policy changes have also affected prosecutorial discretion. In some cases, prosecutors may choose not to pursue removal for individuals with minor convictions if they have strong family ties, long-term residence, or other humanitarian factors. This means the details of your personal situation matter more than ever under the current system.
Defenses Against Deportation After a Criminal Conviction
Being convicted of a crime does not always mean automatic deportation. Several legal defenses and forms of relief may be available, depending on the type of conviction and the immigrant’s background. Some common options include:
- Asylum or Withholding of Removal: Immigrants who fear persecution in their home countries may still qualify for protection, though aggravated felony convictions can limit eligibility.
- Cancellation of Removal: Long-term residents may be able to apply for cancellation if they meet residency requirements, demonstrate good moral character, and can show that removal would cause extreme hardship to a U.S. citizen or lawful permanent resident family member.
- Post-Conviction Relief: In some cases, criminal convictions can be vacated or reduced through appeals or other legal remedies in criminal court, which may also change their immigration consequences.
- Waivers: Certain waivers may apply for specific convictions, especially in cases involving family-based immigration or humanitarian concerns.
Each defense requires strong documentation and legal arguments. Having both an experienced immigration attorney and a criminal defense lawyer can make the difference between removal and remaining in the United States.
The Role of Immigration Courts and Appeals
When an immigrant faces deportation due to a criminal conviction, their case typically goes before an immigration judge. The judge will review the conviction, determine whether it falls under a deportable category, and decide whether any relief is available. If the judge orders removal, the immigrant may appeal to the Board of Immigration Appeals (BIA) and, in some cases, to federal courts.
In 2025, immigration court backlogs remain a significant challenge. This means cases may take months or even years to resolve. While delays can be stressful, they may also provide more time to pursue post-conviction relief or gather evidence for defenses. Understanding the appeal process is crucial, as it may be the last opportunity to prevent deportation.
Why Legal Help Is Critical
Criminal convictions and immigration law are complicated enough on their own, but when they intersect, the stakes are incredibly high. A conviction that may seem minor in criminal court can carry devastating consequences in immigration court. Many immigrants facing deportation are surprised to learn that a past plea deal or misdemeanor offense has put them at risk of removal.
At Pachuta & Kammerman, we understand how quickly a criminal conviction can change an immigrant’s future. Our team works to analyze your case, explore all possible defenses, and advocate for your rights in immigration court. We collaborate with criminal defense attorneys when necessary to ensure your immigration consequences are fully considered.
If you or a loved one is facing deportation because of a criminal conviction under 2025 immigration law, do not wait to take action. Contact us today to discuss your case and learn how we can fight to protect your future in the United States.
