There are two immigration consequences which can be at stake when a client pleads guilty to a criminal offense, inadmissibility back into the United States and the possibility of deportation. A non-citizen is inadmissible if convicted of a crime involving moral turpitude, except when the maximum penalty possible for the crime does not exceed imprisonment for one year and, if the client is convicted, the sentence does not exceed six months, regardless of the extent to which the sentence is ultimately executed. Some crimes of “Moral Turpitude” include the following:
- Murder
- Voluntary Manslaughter
- Involuntary Manslaughter, in some cases
- Rape
- Spousal Abuse
- Child Abuse
- Incest
- Kidnapping
- Robbery
- Aggravated Assault
- Mayhem
- Animal Fighting
- Theft
- Fraud
Inadmissibility may affect a defendant only upon attempted return to the United States after a period of travel. A non-citizen may be deported if convicted of a crime involving moral turpitude within five years after the date of admission as a lawful permanent resident and the alien is convicted of a crime for which a sentence of one year or longer may be imposed. These considerations should be taken seriously and thoroughly analyzed when defense counsel has a client who is not a citizen. This is especially relevant considering the new directives and executive orders of the current administration.
According to a new Department of Homeland Security Memo that was released in February 2017. The memo expands the “287(g)” program, which allows the federal government to empower state and local law enforcement agencies to perform the functions of immigration officers. The language in the memo authorizes the CBP and ICE “to accept state services” on enforcement. This opens the door to state law enforcement becoming much more active in contacting immigration officials and initiating immigration proceedings against defendants who have been arrested on the state level. Thus, a simple arrest for petite larceny could lead to a possible conviction and expedited deportation. This is much more aggressive than what was seen in the past.
In addition, the memo gives broad discretion to immigration officers to make immediate decisions about whom to arrest and says officers should begin actions against individuals they meet in the course of their official duties.
