Yes, a criminal charge in Arizona can create immigration problems, but an arrest or charge does not automatically mean you will be deported. The immigration consequences depend on factors such as the offense, the way the case is resolved, the sentence imposed, your immigration status, and how federal immigration law classifies the offense.
For noncitizens, the biggest mistake is treating a criminal case as only an Arizona state-law matter. A plea that looks favorable in state court can still create serious consequences under federal immigration law. Before accepting a plea, diversion agreement, or other resolution, it is important to understand how the outcome could affect your ability to remain in the United States, obtain immigration benefits, or return after travel.
Arizona courts decide criminal cases under Arizona law, while immigration consequences arise under federal law. The Immigration and Nationality Act (INA) contains the federal rules that determine when criminal conduct can affect a person’s immigration status.
The Immigration and Nationality Act is the starting point for understanding federal immigration consequences.
Depending on the offense and the person’s status, a criminal case can affect:
The outcome is highly fact-specific. The exact statutory offense, elements of the offense, plea documents, sentence, timing, and immigration history can all matter.
No. An arrest or criminal charge by itself does not automatically mean a person is removable. However, an arrest can still have practical immigration consequences, and the eventual disposition of the criminal case can be critical.
Federal law defines a criminal conviction for immigration purposes differently from the way many people understand the word “conviction.” Under 8 U.S.C. § 1101(a)(48)(A), a conviction can include a guilty or nolo contendere plea when the required judicial finding and punishment, penalty, or restraint are present, even if adjudication of guilt is withheld.
See the federal statutory definition of “conviction” under 8 U.S.C. § 1101 for the precise rule.
That is why terms such as “dismissed,” “deferred,” “diversion,” or “set aside” should not automatically be assumed to have the same meaning under immigration law as they do under Arizona law.
There is no single list that answers every person’s case. Federal immigration law uses specific categories and statutory definitions, and the immigration treatment of an offense can depend on the precise statute of conviction and the sentence.
“Aggravated felony” is a federal immigration-law term. An offense does not have to be labeled a felony under Arizona law to qualify. The INA lists numerous aggravated felonies, including certain offenses involving murder, sexual abuse of a minor, drug trafficking, firearms trafficking, fraud involving more than $10,000 in loss, and certain crimes of violence or theft depending on the statutory requirements.
The Department of Justice’s EOIR guidance explains that an aggravated felony does not have to be a state-law felony and identifies examples of offenses that can fall within the category.
Because aggravated-felony consequences can be severe, the exact offense and record of conviction should be reviewed before any plea is accepted.
Crimes involving moral turpitude (CIMTs) are another important category. The classification is technical and depends on the elements of the offense and applicable immigration precedent. Offenses that have been treated as CIMTs can include certain theft, fraud, robbery, assault, and other offenses, but the label cannot safely be applied based only on the everyday description of the conduct.
The Executive Office for Immigration Review notes that CIMT determinations are highly technical and depend on the specific offense.
Drug offenses deserve particular attention. Federal immigration law has specific controlled-substance grounds of inadmissibility and deportability, and the consequences can be substantial. A plea to a drug offense should therefore be evaluated for immigration consequences before the case is resolved.
Certain domestic-violence, child-abuse, stalking, and protective-order convictions can create immigration consequences under federal law. The exact statutory elements and disposition matter, so a state-law label alone is not enough to determine the immigration result.
Some firearms-related convictions can also create serious immigration consequences. The analysis depends on the particular federal immigration ground and the statute of conviction, so a lawyer should review the exact charge and plea documents.
A DUI does not automatically equal deportation. However, DUI cases can still matter to immigration, particularly when there are aggravating facts, multiple offenses, injuries, or issues involving good moral character. The safest approach is to evaluate the exact criminal disposition rather than assuming that a DUI is either harmless or automatically deportable.
For a noncitizen, a plea agreement is not just a criminal-law decision. The wording of the charge, the plea, the factual basis, and the sentence can all affect how the disposition is treated under federal immigration law.
The U.S. Supreme Court addressed this issue in Padilla v. Kentucky, holding that criminal defense counsel has a constitutional duty to advise a noncitizen client about the immigration consequences of a guilty plea.
Before accepting a plea, ask whether the proposed resolution could:
Criminal history can affect more than deportation. Depending on the facts, it can complicate applications for immigration benefits and questions about admissibility or good moral character.
A criminal history may affect whether someone qualifies for adjustment of status or another immigration benefit. The effect depends on the offense, disposition, immigration category, and applicable exceptions or waivers.
A criminal disposition can also matter when someone applies for a visa or seeks admission to the United States. This is especially important for noncitizens who plan to travel internationally after a criminal case.
Certain criminal conduct can affect the good-moral-character analysis required for naturalization. The timing and nature of the conduct matter, and the consequences can extend beyond whether a person is technically removable.
EOIR’s relief-options guidance explains that good moral character and criminal history can affect eligibility for immigration relief.
If immigration authorities become involved while someone is in criminal custody, the criminal case and immigration matter can overlap. One possible mechanism is an immigration detainer.
According to ICE, an immigration detainer is a request to a federal, state, or local law-enforcement agency to notify ICE before releasing a potentially removable person and, when applicable, to hold the person for up to 48 hours beyond the time they would otherwise be released so DHS can assume custody.
See ICE’s explanation of immigration detainers for the agency’s current description of the process.
A detainer is not the same thing as a final deportation order. It does, however, make prompt legal advice especially important because the person may need to address both the criminal case and the immigration consequences.
If you are not a U.S. citizen and you have been arrested or charged in Arizona, treat the criminal case as an immigration issue from the beginning—not after a plea is entered.
Sometimes. The available strategy depends on the charge, evidence, immigration status, prior record, and proposed resolution. The goal is not simply to obtain the lowest criminal sentence; it may also be to pursue an outcome that creates fewer immigration problems.
A dismissal or other non-conviction outcome may reduce immigration risk, but the immigration treatment of diversion, deferred adjudication, or similar Arizona dispositions must be analyzed under federal law. Never assume that a state-law dismissal or diversion automatically erases the immigration consequences of the underlying case.
When a plea is necessary, counsel may be able to negotiate a disposition that avoids or reduces specific immigration consequences. That requires analyzing the federal immigration rules before the plea is finalized—not simply accepting the first agreement offered by the prosecutor.
If a conviction has already occurred, certain post-conviction remedies may sometimes be available. But an Arizona set-aside, sealing, or other state remedy does not automatically mean federal immigration law will disregard the conviction. The immigration effect must be evaluated separately.
A criminal charge can have consequences far beyond the Arizona criminal court—especially when the defendant is a visa holder, green card holder, or another noncitizen. Big Chad Law provides both criminal defense and immigration services, allowing the firm to address the two legal systems together when appropriate.
If you are facing a criminal charge, learn more about Big Chad Law’s Arizona criminal defense services and how the firm approaches criminal cases.
If immigration status is also at issue, see Big Chad Law’s Arizona immigration attorney services for information about immigration representation.
If you are a noncitizen facing criminal charges in Arizona, do not wait until after a plea or conviction to ask about immigration consequences. The criminal outcome you choose today can affect your ability to remain in the United States, obtain immigration benefits, travel, or pursue citizenship in the future.
Speak with Big Chad Law’s Arizona criminal defense team about your criminal case and ask how the proposed resolution may affect your immigration status.
You can also contact Big Chad Law for a case review so the firm can understand your situation and discuss your legal options.
Yes, but a criminal charge does not automatically mean deportation. The immigration consequences depend on the offense, the disposition, the sentence, your immigration status, and the federal immigration rules that apply to your case.
Potentially. Immigration law does not simply adopt Arizona’s misdemeanor and felony labels. Certain misdemeanor convictions can still create immigration consequences depending on the offense and the applicable federal immigration ground.
No. An arrest alone is not automatically a basis for deportation. However, an arrest can still affect an immigration case, and the eventual criminal disposition may create removability, inadmissibility, or other consequences.
It can. A guilty or no-contest plea can qualify as a conviction for immigration purposes when the federal statutory requirements are met. Before accepting a plea, a noncitizen should understand the potential immigration consequences.
A DUI does not automatically make someone deportable, but the circumstances and disposition can matter. Multiple offenses, aggravating facts, injuries, and naturalization-related good-moral-character issues can change the analysis.
Potentially serious categories include certain aggravated felonies, crimes involving moral turpitude, controlled-substance offenses, domestic-violence and related offenses, and some firearms offenses. The exact statute of conviction and sentence are critical.
Tell your lawyer your immigration status and make clear that immigration consequences are a major concern. Ask the lawyer to evaluate the proposed disposition before you enter a plea, and consider whether coordination with immigration counsel is appropriate.
Take it seriously and seek legal help promptly. An ICE detainer is a request to local, state, or federal authorities concerning custody and possible transfer to ICE. It is not itself a final deportation order, but it can signal that an immigration matter requires immediate attention.
This article provides general information about the intersection of Arizona criminal law and federal immigration law. Immigration consequences are highly fact-specific, and laws, regulations, and case law can change. This article is not a substitute for legal advice about your particular criminal or immigration case.
Disclaimer: This article is provided by Big Chad Law for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws, fees, regulations, and court decisions referenced may change. For advice on your specific situation, please contact Big Chad Law directly to schedule a consultation.