For non-citizen criminal defendants, the stakes extend beyond jail time or fines. Even a lesser offense can lead to deportation, visa denial, or permanent family separation. Immigration status makes defense bargaining more difficult by compounding the collateral consequences of a case outcome. Below are three ways immigration status impacts defense strategy and why expert advocacy is crucial to protecting liberty and future security.
The Deportation Risk in Plea Bargains
Plea bargains are the common currency of criminal defense practice, usually trading minimized charges or sentences in return for a plea of guilty. Even though seemingly favorable bargains seem good to foreigners, they can have disastrous immigration repercussions. For example, a misdemeanor plea that avoids time in jail may qualify as a “crime involving moral turpitude” under federal immigration law. This makes the defendant deportable. Similarly, drug crimes, even for small quantities, can mandate detention and removal proceedings.
Defense attorneys must closely examine how the plea conditions align with immigration law. In many cases, it is smart to work with an immigration lawyer to make sure problems don’t occur. In other cases, bargaining for other alternatives, such as diversion or deferred adjudication, might entirely keep a conviction off a criminal record, safeguarding clients from immigration penalties.
Bail Challenges and ICE Holds
Immigration status can also affect pretrial proceedings, particularly regarding bail. Non-citizens, particularly those without legal status, are at increased risk of being targeted by immigration and Customs Enforcement (ICE) during court proceedings. Judges in certain locations will deny bail outright based on presumed “flight risk.” Others will fix bail at unfavorable rates. Even when bail is available, ICE can lodge a detainer request, triggering immediate custody on release.
This reality forces defense teams to act fast. Lawyers can make a case for lower bail by emphasizing community ties, such as work or family, or challenge ICE detainers on constitutional grounds. Successful navigation of this stage is important since pretrial detention pressures defendants into accepting plea deals, regardless of immigration consequences, simply to be released earlier.
Tailoring Defense Strategies to Mitigate Immigration Fallout
Every phase of a criminal case, from suppressing evidence motions to sentencing advocacy, must take immigration status into account. For instance, challenging the validity of a traffic stop could preclude charges and prevent a guilty plea that otherwise would jeopardize a green card renewal. In addition, pleading for non-custodial sentences, such as probation or community service, helps clients avoid “aggravated felonies” offense classification in the immigration code.
Firms like Thornton Criminal Defense exemplify this double-prolonged strategy, combining aggressive courtroom advocacy and meticulous attention to clients’ unique immigration vulnerabilities. By working with immigration experts and cultural liaisons, they craft defense plans centered on long-term stability, such as motions to vacate convictions or post-conviction relief when applicable.
Endnote
Immigration status makes criminal defense a high-stakes act because one mistake can unravel lives. Attorneys must stay current with shifting immigration policy, local enforcement practices, and cross-cultural communication barriers. For non-citizen defendants, the right legal team isn’t just a defender in court; it’s a lifeline to preserve their place in the community they call home. By integrating criminal and immigration law expertise, attorneys can turn systemic challenges into opportunities for justice.
