The preceding articles explain that U.S. immigration law has a complex structure and attracts significant attention from legal experts, immigrant residents, and scholars because of its impact on immigrants’ rights. The purpose of this article is to eliminate confusion regarding ties to deportation as a consequence of drug-related offenses and inform the reader about the circumstances that may make a noncitizen subject to deportation under federal immigration laws.
The Intersection of Criminal Convictions and Deportation
Immigrants in the U.S., whether naturalized or not, face deportation risks from a criminal record, even if they hold a nonimmigrant visa or green card. They can be deported simply for lacking the necessary documents.
The Complexity of Criminal and Immigration Law
It is crucial to understand and balance the delicate connection between crime and immigration law to avoid excessive complications. In situations where one is a noncitizen involved in criminal processes, it is good to hire an immigration advocate from the earliest time possible. A person may consult with an immigration attorney who can explain steps one should take when a conviction affects immigration or possible ways of rectifying the situation.
Grounds of Deportation and Crimes
In the United States, several laws govern immigration, identifying various grounds for deportation. Criminal convictions and drug-related offenses are valid reasons for deporting a foreign-born individual. The determination of whether a specific criminal conviction aligns with a ground of deportation often hinges on the following key questions:
1. Was it an act of Moral Turpitude In the first Instance (CIMT)?
A crime of moral turpitude is defined more by its reprehensible character and inherently the prisoner has to act with knowledge, intentionality, Volition, or wantonness. Noncitizens can be deportable for:
- Any offense of moral turpitude committed before five years of the person’s admission to the United States or incarceration offense carrying a thirteen-month possibility of imprisonment.
- A prior conviction of two or more crimes that involve moral turpitude not derived from one criminal wrongdoing.
- Drug offenses like distribution, trafficking, and possession are often considered crimes of moral turpitude, leading to deportation. Attorneys should review the specific law and case details to determine if a conviction qualifies as a CIMT.
2. Was the crime an aggravated felony?
U.S. immigration laws deport noncitizens convicted of an aggravated felony, regardless of sentence length. This distinction highlights the difference between federal and state classifications of the crime.
There are circumstances in which drug trafficking has been classified under the list of aggravated felonies for immigration purposes. However, it is important to note that the characteristics of a drug-related conviction should be studied with the help of an attorney.
3. Is the crime separately listed on the grounds of deportation?
U.S. immigration laws classify drug crimes as grounds for deportation. Non-citizens convicted of drug-related offenses, including attempts or conspiracies, face deportation under state, federal, or equivalent foreign laws.
However, there are exclusions of convictions that stem from a single marijuana offense that involves possession of 30 grams or shares for personal use. An individual who holds such convictions does not warrant deportation.
The U.S. can deport any alien who abuses or is addicted to narcotic drugs, regardless of conviction. If a respondent admits drug use or if medical records show drug use, authorities may start removal proceedings.
Seek Legal Counsel for Clarity
In complex cases involving criminal convictions and immigration, consult a qualified immigration attorney. The impact of a drug-related conviction on immigration status is multifaceted and requires a detailed analysis of the conviction and federal law to assess the risk of deportation. Remember that each case is unique, and the outcome can vary based on the conviction’s specifics and the federal court circuit handling the immigration case. Consultation with legal experts is the key to navigating these intricacies and safeguarding one’s immigration status in the United States.
Are there any states where drug diversion programs can completely avoid deportation
Certain states in the U.S. have drug diversion programs that can help individuals avoid deportation, particularly for non-citizens facing drug-related charges. Here are some insights based on the search results:
States with Drug Diversion Programs
Louisiana:
- Louisiana offers pre-trial diversion programs for individuals charged with drug offenses. Successful completion of these programs can lead to the dismissal of charges, which may help avoid immigration consequences related to a conviction.
Maryland:
- In Maryland, some diversion programs allow participants to avoid a guilty plea, which means they do not face a conviction for immigration purposes. This is particularly beneficial for non-citizens as it reduces the risk of deportation associated with a criminal record.
Connecticut and Florida:
- These states also have diversion programs that may help mitigate harsh immigration consequences for drug-related offenses. The specifics of these programs can vary, so it’s essential to consult local legal resources.
California:
- California has provisions for drug diversion where participants can avoid immigration consequences if they complete the program without a conviction. However, some diversion programs in California require a guilty plea, which could still lead to negative immigration outcomes unless specific conditions are met.
Oregon:
- Oregon has modified its diversion programs to avoid deportation consequences from guilty pleas, making it another state where non-citizens might find relief from potential deportation due to drug offenses.
Important Considerations
- Consult Legal Experts: It is crucial for individuals facing drug charges to consult with an immigration attorney who understands both criminal and immigration law to navigate these complex situations effectively.
- Program Structure: The structure of diversion programs varies by state and even by county within states, so understanding the specific requirements and implications of each program is essential.
- Successful Completion: Successfully completing a diversion program typically leads to the dismissal of charges, which can significantly reduce the risk of deportation.
While not all drug diversion programs guarantee avoidance of deportation, several states offer options that can help mitigate immigration consequences for non-citizens charged with drug offenses. Engaging with legal counsel and understanding the specifics of local laws are critical steps in leveraging these opportunities effectively.
How does the U.S. immigration system differentiate between drug possession and drug trafficking for deportation purposes?
The U.S. immigration system differentiates between drug possession and drug trafficking primarily through the classification of offenses as aggravated felonies or crimes of moral turpitude, both of which have significant implications for deportation.
Key Distinctions
Aggravated Felonies:
- Drug Trafficking: Convictions for drug trafficking, distribution, or manufacturing are classified as aggravated felonies under the Immigration and Nationality Act (INA). This classification leads to mandatory deportation, regardless of the length of the sentence imposed. The law specifically includes “illicit trafficking in a controlled substance” as an aggravated felony.
- Possession Offenses: Simple possession of a controlled substance is generally not classified as an aggravated felony unless it involves large quantities or specific substances like flunitrazepam (Rohypnol). However, possession can still lead to deportation under different grounds.
Crimes of Moral Turpitude (CIMT):
- Certain drug offenses may also be considered crimes of moral turpitude, which can lead to deportation if committed within five years of entering the U.S. A conviction for possession with intent to distribute may fall into this category, while simple possession typically does not.
- The determination of whether an offense is a CIMT often hinges on the intent and circumstances surrounding the crime, making legal interpretation essential.
Exceptions for Marijuana Possession:
- There is a notable exception for individuals convicted of possessing 30 grams or less of marijuana for personal use. Such convictions generally do not lead to deportation, distinguishing them from more serious drug offenses.
Legal Consequences
- Deportability: Non-citizens convicted of drug trafficking face automatic deportation due to the aggravated felony classification. In contrast, those convicted of simple possession may face deportation but have a chance to argue against it based on the specifics of their case.
- Inadmissibility: Drug convictions can also render individuals inadmissible to the U.S., affecting their ability to return after leaving or apply for citizenship.
The U.S. immigration system treats drug trafficking and possession differently, with trafficking leading to more severe consequences such as mandatory deportation. Understanding these distinctions is crucial for non-citizens facing drug-related charges, and seeking legal counsel is advisable to navigate these complex issues effectively.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
