Can I get Deported for a Criminal Charge in NJ?

Everyone dreads being arrested, but if you are not a United States citizen, an arrest can go from an inconvenience to a life-altering event. Arrests and resulting convictions on certain charges can threaten your immigration status and even lead to removal proceedings or deportation in New Jersey. The federal government has recently stepped up enforcement efforts in this area, and local police departments in NJ do not take lightly to anyone who they suspect has committed a crime. Criminal law and its effects on immigration in New Jersey is complicated, so you should consult an attorney with experience defending clients facing criminal and immigration consequences about your specific case. Our skilled criminal defense lawyers have successfully assisted many clients charged with criminal offenses with the potential of deportation in Union County and throughout NJ. Contact us at (908) 838-0150 today to find out how we can help you. We are always available to provide free consultations.

Can I Face Deportation for a Crime in New Jersey?

There are several types of crimes that can increase your risk of removal or deportation or otherwise jeopardize your immigration status in New Jersey. Some of the specific crimes and types of charges that can get you deported are explained below:

In the United States, immigration law is federal, so the same criminal offenses that can lead to deportation apply nationwide, regardless of the state where the crime was committed, including New Jersey. However, it’s crucial to understand how a state-level conviction in New Jersey can be classified under federal immigration law.

Here are the main categories of crimes that can result in deportation:

1. Felonies

• Murder, rape, and sexual abuse of a minor.
• Illicit trafficking of drugs, firearms, or explosives.
• Theft or burglary with a sentence of at least one year (including suspended sentences).
• Crimes of violence with a sentence of at least one year.
• Fraud or deceit offenses.
• Prostitution-related business offenses.
• Domestic violence, stalking, and child abuse.

2. Crimes Involving Moral Turpitude (CIMTs)

A crime of moral turpitude in NJ is a broad and undefined category that generally refers to offenses that involve dishonesty, fraud, or a “base, vile, or depraved” act that violates societal moral standards. Deportation for a CIMT can be triggered in a few ways:

• A single CIMT conviction: If a non-citizen is convicted of a CIMT within five years of their admission to the U.S. and the crime carries a potential sentence of one year or more.
• Multiple CIMT convictions: If a non-citizen has two or more CIMT convictions at any time after their admission to the U.S. that did not arise from a single scheme of misconduct.

Examples of CIMTs can include:

• Theft and shoplifting
• Assault with intent to injure
• Prostitution
• Fraud and identity theft
• Certain drug or alcohol-related offenses, like driving under the influence (DUI)

3. Drug Offenses

Most drug-related convictions are grounds for deportation. This includes possession, sale, distribution, and trafficking of controlled substances. The only exception is a single offense involving the possession of 30 grams or less of marijuana for personal use.

4. Firearms Offenses

Almost any conviction involving the illegal use, purchase, sale, or possession of a firearm or destructive device can lead to deportation.

5. Domestic Violence and Other Related Crimes

A conviction for domestic violence, stalking, child abuse, child neglect, or a violation of a protective order can result in deportation.

Other Deportable Offenses

• Unlawful voting: Illegal voting in a federal, state, or local election.
• Document fraud: Committing fraud to obtain immigration benefits or using false documents.
• Terrorist activities: Participation in or providing material support to terrorist groups.

It is important to note that even a minor offense under New Jersey law can have severe and unexpected consequences under federal immigration law. The consequences depend on the specific statute under which the person was convicted, the sentence imposed, and their immigration status. Therefore, if you are a non-citizen facing criminal charges in New Jersey, it is highly advisable to consult with an attorney who specializes in “crimmigration” (the intersection of criminal and immigration law) immediately.

Can You be Deported for a Felony?

If you commit an aggravated felony or its equivalent under New Jersey law (felony-level crimes are typically known as indictable offenses in NJ), you can potentially be deported. Some of the felony crimes that can lead to deportation include: murder, sexual assault, possession of a controlled dangerous substance with intent to distribute, money laundering over a certain amount of money, using guns, bomb, or other explosives to commit a crime, possession or distribution of child pornography, forging or counterfeiting a passport or other documents, perjury, certain violent assaults and batteries, gambling or racketeering crimes of sufficient severity, and certain other violent crimes with punishment lasting more than a year.

Potential Deportation for a Crime of Moral Turpitude

In addition to aggravated felonies, a category of crimes referred to as “crimes of moral turpitude,” can jeopardize your immigration status. A crime of moral turpitude is defined generally as a crime that shocks the conscience as being inherently base, vile, and against the rules of morality. These crimes can include certain domestic violence offenses, theft crimes, burglary, arson, forgery, certain prostitution offenses, tax evasion, and hindering apprehension or prosecution, among others. If you are convicted of a crime of moral turpitude, your immigration status could very well be at risk, and you should seek defense counsel immediately.

Are there Other Offenses that Can Hurt my Immigration Status?

Certain firearm offenses, certain drug offenses, sustaining multiple convictions (particularly for crimes of moral turpitude), and a number of other criminal charges can also put you at risk of being deported. There are even some disorderly persons offenses that can jeopardize your current status as a non-citizen in New Jersey.

Criminal Charge Could Affect my Immigration Status in Union County, What Should I do?

If you have been arrested for criminal charges and are not a U.S. citizen, it is imperative to understand your rights and legal options. Contact the seasoned Union County criminal defense attorneys on our team now to discuss your specific case. With local offices in Cranford, we defend clients in Elizabeth, Clark, Union Township, Berkeley Heights, Mountainside, Summit, and throughout NJ. (908) 838-0150.