Crimmigration in General

"Crimmigration” refers to the increasing convergence and overlap between criminal law and immigration law, resulting in a system where immigration enforcement increasingly relies on criminal law processes and penalties. This merging of systems often leads to the criminalization of immigration violations and the use of criminal justice tools to manage and control migration. 

Put simply, Crimmigration refers to a body of law where criminal law and immigration law intersect, and the effects certain criminal offenses might have on someone's immigration status. You do not have to be charged or convicted of a serious crime for there to be serious immigration consequences.

If you're a non-citizen facing criminal charges, then you're likely facing immigration consequences as well. It's crucial that you hire an attorney that understands your unique situation, and who can address your legal issues in a way that will give you a fighting chance once Immigration gets involved.

The Merging of Two Distinct Legal Spheres

The blurring of the boundaries between administrative and criminal law, notably in the case of immigration detention, and of the boundaries between civil and criminal law, as in the use of a range of civil, typically preventive orders whose breach nonetheless implies criminal or quasi-criminal liability, is of particular concern in terms of the threat to migrants’ and asylum seekers’ human rights, but also of erosion of the rule of law quite generally.

Historically, criminal law and immigration law have operated as separate spheres. On the one hand, people who are not U.S. citizens were subjected to federal laws determining admission into or exclusion from the country. If the government learns that a migrant who is in the U.S. has violated some provision of immigration law, then federal immigration officials initiate the process of deportation from the U.S.

On the other hand, anyone accused of having committed a crime is apprehended by police officers, put through the criminal justice system, and, if convicted, punished accordingly. This is true for U.S. citizens as well as non-citizens. For most of the nation’s history, people were punished according to the laws enacted by legislatures, but they were punished identically regardless of their citizenship status.

Beginning in the mid-1980s, the stark separation between criminal law and immigration law shifted quickly and dramatically. Fast forward to today, and it is often hard to explain where the criminal justice system ends and the immigration process begins. The single most common type of crime prosecuted in federal courts is about immigration. Meanwhile, people facing the possibility of removal from the U.S. are frequently locked behind steel doors and surrounded by barbed wire, which makes resolving their dilemmas all the more complicated.

The Criminalization of Immigration

Crimmigration also often refers to the criminalization of immigration violations, meaning that actions like entering the United States without proper authorization or overstaying a visa can be treated as criminal offenses, leading to arrest, prosecution, and deportation from the country.

Now more than ever, with the explosion of the carceral state under the Trump Administration, the supercharging of ICE and its mission, and the increased cooperation and coordination between local law enforcement agencies and federal immigration authorities, the mere fact of being undocumented can be reason enough for your arrest and ultimate deportation. You do not have to commit a crime, as that's commonly understood, to be detained because of your lack of legal status. Even a simple traffic infraction can have dire consequences, if, for example, you cannot provide a valid state ID, and the law enforcement agency that pulled you over decides to call ICE.

Consequences for Immigrants

This convergence of criminal and immigration law can have severe consequences for immigrants, including deportation, detention, and difficulties in obtaining legal status in the future. Even minor criminal offenses can trigger deportation proceedings for non-citizens, including those with lawful permanent residence. Whether you're in the United States with a visa or are undocumented, if you're a non-citizen who's been charged with a crime, you should never assume that your charge is not serious enough to cause immigration consequences.

Convictions for certain offenses can lead to a non-citizen's deportation. Criminal grounds of removability for immigrants in the United States are primarily outlined in Section 237 of the Immigration and Nationality Act (INA) and include convictions for a range of offenses such as:

  • Crimes of moral turpitude

  • Aggravated felonies

  • Controlled substance offenses

  • Drug trafficking

  • Prostitution

  • Multiple criminal convictions

  • Firearm offenses

  • Crimes of domestic violence

  • Commercialized vice

  • Stalking

  • Child abuse

  • Human trafficking

  • Terrorism-related activities

  • And more…

These criminal grounds of removability can lead to removal proceedings, even for lawful permanent residents, and can significantly impact an immigrant's ability to remain in the United States.

Crimes of moral turpitude can be particularly troublesome, since that term is not defined under federal law, which can make it difficult to determine if the outcome of your criminal matter will be considered to be a crime of moral turpitude. Courts have defined generally defined that term as “an act that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.” Due to the term's complicated meaning and the various laws that must be reviewed to determine if an individual has committed a crime involving moral turpitude, we strongly encourage anyone facing this dilemma to consult with an experienced attorney who routinely handles issues pertaining to crimmigration law.