What Criminal Charges Can You Be Deported For?
If you’re not a U.S. citizen, a criminal charge can carry consequences far beyond fines, jail time, or a court appearance. One of the most serious outcomes is deportation, or removal from the United States. Non-citizens—whether they are lawful permanent residents (green card holders), visa holders, DACA recipients, or undocumented—face the added risk of immigration consequences if they are arrested, charged, or convicted of certain crimes.
Many people are shocked to learn that even minor or nonviolent offenses can result in deportation, the denial of future immigration benefits, or permanent bars to re-entry. That’s why understanding which criminal charges are considered “deportable offenses” is crucial—and why having a defense attorney who is aware of the immigration implications is absolutely essential.
How Immigration Law Defines Deportable Offenses
Under the Immigration and Nationality Act (INA), there are specific categories of crimes that can make a non-citizen deportable. These include:
Crimes involving moral turpitude (CIMT)
Aggravated felonies
Controlled substance offenses
Firearm offenses
Domestic violence and related crimes
Crimes of child abuse, neglect, or abandonment
Multiple criminal convictions
Crimes of fraud or deceit
Each category has its own rules, definitions, and consequences. The interpretation of these offenses can be complex—and in some cases, an offense classified as a misdemeanor under state law might be treated as a deportable felony under federal immigration law.
Crimes Involving Moral Turpitude (CIMT)
“Moral turpitude” is a vague and often confusing term. Generally, it refers to conduct that is inherently dishonest, fraudulent, or depraved. Common examples of CIMTs include:
Theft (shoplifting, burglary, robbery)
Fraud (credit card fraud, identity theft, check fraud)
Assault with intent to harm
Domestic battery
Prostitution-related offenses
A non-citizen can be deported for a CIMT if:
The offense occurs within five years of admission to the U.S., and
The offense is punishable by at least one year in jail, or
The person has two or more CIMT convictions, even if they occurred at different times
For example, someone who pleads guilty to misdemeanor theft one year after receiving a green card could be placed into removal proceedings—even if they served no jail time.
Aggravated Felonies
An “aggravated felony” under immigration law doesn’t necessarily mean the offense is classified as a felony at the state level. In fact, many aggravated felonies are misdemeanors under state law but still considered deportable offenses under federal immigration standards.
Aggravated felonies include:
Drug trafficking (including possession with intent to distribute)
Firearms trafficking
Rape and sexual abuse
Murder
Money laundering
Fraud or tax evasion involving more than $10,000
Theft or burglary with a sentence of one year or more
Crimes of violence with a sentence of one year or more
Conviction of an aggravated felony generally leads to mandatory deportation and bars most forms of immigration relief, including asylum, cancellation of removal, and voluntary departure.
Controlled Substance Offenses
Drug charges are one of the most common reasons non-citizens are placed into removal proceedings. This includes:
Simple possession (even marijuana)
Possession with intent to deliver
Distribution or trafficking
Manufacturing
Paraphernalia possession (in some cases)
A single conviction for simple possession (other than 30g or less of marijuana for personal use) is grounds for deportation. Even deferred prosecution or supervision agreements, which may not count as convictions under state law, can be considered convictions under immigration law if the person admitted guilt.
Importantly, drug-related convictions also trigger inadmissibility, which can affect visa renewals, green card applications, and entry into the U.S.
Firearm Offenses
Federal immigration law also makes a non-citizen deportable for any conviction involving illegal possession, use, sale, or trafficking of firearms or destructive devices. Common charges include:
Possession of a firearm without a valid FOID card (in Illinois)
Unlawful use of a weapon (UUW)
Carrying a concealed firearm without a license
Possession of a firearm by a felon or undocumented individual
Even if no violence occurred, these offenses can lead to removal proceedings and may permanently bar a person from receiving immigration benefits in the future.
Domestic Violence and Related Offenses
A conviction for domestic violence is a serious deportable offense under U.S. immigration law. This includes:
Domestic battery or assault
Stalking
Violation of an order of protection
Child endangerment
Harassment or intimidation involving a domestic partner
In some cases, even a civil order of protection can trigger immigration enforcement—especially if the person is later accused of violating the order. Because domestic cases often involve minimal physical evidence and quick arrests, it's especially important to have a skilled defense attorney who can challenge the case early.
Multiple Criminal Convictions
Even if the individual crimes are not considered “deportable” on their own, two or more separate convictions for crimes involving moral turpitude can trigger deportation. These convictions must arise from separate incidents to count. For example, a person with one conviction for shoplifting and another for petty fraud—both misdemeanors—could still be placed into removal proceedings.
Fraud and Deceit Offenses
Immigration law takes a hard stance on any offense involving fraud or deceit, especially if the loss to a victim exceeds $10,000. These include:
Credit card fraud
Medicaid or welfare fraud
Tax fraud
Insurance fraud
Mortgage fraud
These offenses often trigger both criminal penalties and immigration consequences, including classification as aggravated felonies.
Can a Dismissed Charge or Supervision Still Cause Deportation?
Yes. Immigration law treats some plea agreements, deferred prosecution, and even court supervision as “convictions” if you pled guilty or no contest and the court imposed some form of punishment, penalty, or restraint. So even if your criminal case did not result in a formal conviction under Illinois law, it may still count as a conviction under immigration law.
What Should You Do If You’re a Non-Citizen Facing Charges?
If you're not a U.S. citizen and you've been arrested, it’s essential to speak with a Chicago criminal defense lawyer who understands the immigration consequences of a conviction. Pleading guilty to avoid jail time might seem like a good deal—but if it makes you deportable, it could be a devastating mistake.
At Bernard Law, we help clients across Illinois fight criminal charges with their immigration status in mind. Whether you're applying for a green card, renewing DACA, or hoping to become a citizen, we can work with you and your immigration attorney to minimize the risks.
Fighting to Defend Your Rights
So, what criminal charges can you be deported for? The answer is: more than you might think. From misdemeanors involving theft or drugs to felony-level weapons or domestic charges, immigration consequences can be triggered by a wide range of offenses. But being charged does not mean automatic deportation. With experienced legal help, you may be able to fight the charges, negotiate a plea that protects your status, or apply for immigration relief.
Contact Bernard Law today if you’re a non-citizen facing criminal charges in Illinois. We’ll help you understand your risks, defend your rights, and work to keep your life in the U.S. on track.