What is crimmigration?

01Where the term comes from

In a 2006 law review article titled "The Crimmigration Crisis," law professor Juliet Stumpf described how criminal law and immigration law were converging. Two trends drive that convergence: more and more crimes carry immigration consequences, and immigration violations are increasingly handled through criminal prosecution and detention. Today, courts, scholars and lawyers use "crimmigration" for any case where the two systems collide.

02Why a "small" case can have big immigration consequences

Immigration law does not simply copy the result of the criminal case. It applies its own rules:

• Its own definition of "conviction." Under federal immigration law, a conviction can exist even without a formal judgment of guilt — for example, when a person pleads guilty or admits facts and the judge orders some form of punishment or restraint, as can happen in some diversion or deferred programs.
• Expungement and sealing usually don't erase it. A conviction that is expunged, sealed or dismissed after a rehabilitation program generally still counts for immigration purposes. A conviction vacated because of a legal defect in the criminal case — for example, because the defendant was not properly advised — can be treated differently.
• The sentence ordered can matter more than the time served. For some categories, immigration law looks at the sentence the judge imposed, even if it was suspended.
• Labels can mislead. A state misdemeanor can be an "aggravated felony" under federal immigration law.

That is how a case that looks minor in criminal court — shoplifting, a DWI, possession of a small amount of a drug, a violation of an order of protection — can carry serious immigration consequences.

03Which offenses carry immigration consequences

Federal immigration law groups criminal grounds into several categories. Whether a particular case fits one depends on the exact statute, the court record and the person's immigration history, so treat these as starting points, not conclusions.

• Aggravated felonies. A federal category that includes some offenses that are neither "aggravated" nor felonies under state law — for example, certain theft or violent offenses with a sentence of one year or more, drug trafficking, and fraud with losses over $10,000. An aggravated felony conviction blocks most forms of relief from deportation.
  What is an aggravated felony?
• Crimes involving moral turpitude (CIMT). Offenses involving fraud, theft or certain kinds of intentional harm. Depending on when the offense happened, the possible sentence and how many there are, a CIMT can make a person deportable or inadmissible.
  Crimes involving moral turpitude
• Controlled substance offenses. Almost any drug offense, including simple possession, can make a noncitizen deportable or inadmissible. Federal law still treats marijuana as a controlled substance even where a state has legalized it; the exception for a single possession of 30 grams or less for personal use is narrow.
  Marijuana charges and deportation
• Firearm offenses. Many state and federal weapons convictions make a person deportable.
• Domestic violence, stalking, child abuse and protective orders. These have their own deportation ground, and a court finding that a person violated certain parts of a protective order can trigger it.
• False documents and false claims to citizenship. These carry their own consequences, which are often permanent.
  False documents and fraud
• Conduct without a conviction. Some grounds don't require a conviction at all — for example, admitting the elements of a drug offense, or the government having "reason to believe" that a person was involved in drug trafficking.

04Deportable vs. inadmissible: two different tests

Immigration law asks one of two questions, depending on the person's situation:

• Deportability applies mainly to people who were lawfully admitted, such as green card holders and visa holders. It decides whether the government can remove someone who is already here.
• Inadmissibility applies to people seeking admission or a new status — for example, someone applying for a green card, or arriving at an airport or border. Its criminal grounds are partly different and in some ways broader: in some cases, admitting the conduct is enough, even without a conviction.

A green card holder can face both tests. A permanent resident who has committed certain offenses can be treated as seeking admission when returning from a trip abroad — which is why travel with a criminal record should always be reviewed first.

05Arrest and detention

An immigration case often starts with an arrest, before anyone is convicted.

• ICE detainers. When someone is booked into jail, their fingerprints are shared with immigration authorities. ICE can then ask the jail to hold the person for up to 48 hours past their release time so that ICE can take custody. How much local police cooperate depends on the state and county; New Jersey, for example, limits cooperation, with exceptions for certain serious charges and convictions.
  ICE detainer: the first 48 hoursNew Jersey's limits on ICE cooperation
• Mandatory detention. Federal law requires ICE to detain some noncitizens without the possibility of bond. The Laken Riley Act, signed in January 2025, expanded mandatory detention to certain noncitizens — mainly people who entered without inspection or lack valid documents — who are charged with, arrested for, convicted of, or admit to theft, burglary, larceny, shoplifting, assaulting a law enforcement officer, or a crime that causes death or serious bodily injury.
  The Laken Riley Act and mandatory detention
• Bond hearings. Whether a detained person can ask an immigration judge for release on bond has changed repeatedly since 2025 and is being decided in the federal courts. It depends on the person's history and where they are detained.
  The Third Circuit bond hearing ruling

06Before you plead: your right to accurate advice

In Padilla v. Kentucky (2010), the U.S. Supreme Court held that criminal defense attorneys must advise noncitizen clients about the deportation risk of a guilty plea. When the consequence is clear, the advice has to be clear too.

A criminal defense attorney's job is to resolve the criminal case. Working out every immigration consequence of every possible plea is a separate area of law. That is why defense attorneys often consult an immigration attorney before a plea is final — and why you should tell your defense attorney early that you are not a U.S. citizen.

Questions to ask before you accept a plea:

• Exactly which offense — statute and subsection — will I plead to?
• What sentence will be imposed, even if it is suspended?
• Could this plea make me deportable or inadmissible, or block a green card or citizenship?
• Is there a different plea or sentence with less immigration risk?

07Common myths

09Frequently asked questions

10Further reading

Detailed articles on our main website: