Immigrants must be particularly careful of criminal convictions in the United States. One mistake could cause you to be forcibly removed from the country – a process known as “deportation.” But while many people are familiar with this term, few actually know how deportation works – and why you might face this outcome. If you’re new to the United States, it makes sense to understand the risks of criminal convictions and deportation. If you have already been convicted of a “deportable offense,” you may want to speak with an experienced deportation defense lawyer in Dallas.
Can I Get Deported as a US Citizen After a Criminal Conviction?
A felony conviction can affect your rights in many ways. However, even the most heinous crimes will not lead to the deportation of a valid US citizen. If you already have your US citizenship, you do not need to worry about being deported after a criminal conviction. This is one of the many reasons new immigrants should get their citizenship as soon as possible. You never know what might happen in the future, and you may encounter legal issues that result in your deportation.
That being said, a criminal conviction may make it more challenging to travel and settle in different countries. Even if you are a United States citizen, other countries may be reluctant to accept you into their borders if you have a serious crime on your record. Aside from traveling for pleasure, it might also be difficult to work in different countries with a criminal conviction on your record. Like the United States, many countries review your criminal record when determining whether to grant you citizenship or permanent residence in a different country.
Not All Crimes Result in Deportation
Although immigrants should be careful to obey the laws of Texas and the United States, not all crimes will automatically trigger deportation proceedings. According to US immigration law, this only applies to “crimes of moral turpitude.” These are generally (but not always) felonies. Most violent crimes are deportable offenses. You may also face deportation for certain white-collar felonies.
While misdemeanors are less likely to trigger deportation, you could still be forced to leave the country if convicted of these lesser offenses. Examples include child neglect, failing to register as a sex offender and certain domestic violence crimes. If you are not sure whether your criminal conviction will trigger deportation proceedings, speak with an immigration lawyer to check.
Is Crossing the Border Illegally a Deportable Offense?
Yes, crossing the border illegally may be a deportable offense in and of itself. If you are caught trying to cross the border in Texas, you may be detained within the United States. However, you may still be deported for breaking the law since unlawful entry is illegal.
Not only that, but you may be banned from re-entering the country for years or even decades. This is why it makes sense to work with an experienced immigration lawyer instead of trying to cross illegally. It may be easier than you realize to gain a visa, and taking the legal route eliminates the possibility of a re-entry ban.
New Laws Could Make Deportation Even More Likely for Convicted Criminals
In January of 2025, the Texas Tribune reported that the U.S. House had approved laws that would deport criminals for committing relatively minor crimes. This new law is called the Laken Riley Act, and it is named after a young nursing student who was killed by an undocumented migrant. This migrant was previously arrested for shoplifting but was released before he committed the murder. Predictably, this new law specifically states that an immigrant may be deported for a shoplifting conviction.
The full list of deportable offenses would be much greater if this bill passes the Senate. The Laken Riley Act is controversial, and its future is unclear as of this writing. However, this legislation represents a shift in the U.S. political climate – and similar changes may make it easier to deport individuals in the near future. Talk of “mass deportations” has caused concern for many immigrants in the United States.
The Definition of “Moral Turpitude” Is Vague
In Texas, immigration courts are free to decide what “moral turpitude” means on a case-by-case basis. The actual definition of this phrase is intentionally open-ended, giving states the freedom to decide what constitutes a deportable offense. Some courts may be more lenient, allowing immigrants to remain in the country even after committing relatively serious crimes.
Texas is likely to take a tougher stance, and immigrants could face deportation for somewhat minor offenses. Examples include animal cruelty, fraud, bribery, and tax evasion. Do not assume that you will escape deportation just because your crime is nonviolent.
How Do I Avoid Deportation After a Criminal Conviction?
The most obvious strategy is to fight your criminal charges and avoid a conviction in the first place. With help from a criminal defense attorney, you may be able to secure a plea deal. This involves pleading guilty to a lesser offense in exchange for a more lenient sentence. Depending on the plea deal, this may mean the difference between a misdemeanor and a crime of moral turpitude.
If you already have a conviction on your record, it’s time to work with a deportation defense lawyer. These legal professionals can represent you in immigration court, and they may be able to convince a judge to let you stay in the United States.
Can a Deportation Defense Lawyer in Dallas Help Me?
A deportation defense lawyer in Dallas may be able to help you understand the consequences of a criminal conviction in more detail. If you have already been convicted of a serious crime in Texas, an immigration lawyer may also help you remain in the country with various strategies. While there are many potential deportation defense strategies to consider, the most effective option likely depends on your unique circumstances. Discuss your situation with Presti Law today – and get started with an action plan.