Aggravated felonies and immigrants: Will you be deported?

Immigrants in the United States are seemingly under a lot of scrutiny. The US Supreme Court has said that immigrants who commit aggravated felonies face the “harshest deportation consequences.” What happens if, as an immigrant, you are charged with an aggravated felony in the US? The good news is that it does not always result in automatic deportation. However there are a few things all immigrants, both citizens and non-citizens, should know.

Aggravated felonies do NOT have to be “aggravated” or a “felony”.

Yes, you read that correctly. Your crime can be for something that seems relatively minor but still carries the label of aggravated felony. Simply put, the term itself is just a label that can be applied to any crime where congress sees fit. There are nonviolent and seemingly minor crimes that carry this label. Wikipedia has an extensive list of aggravated felonies as labeled under federal law.

Non-citizens do NOT have the same rights as other immigrants.

If you are accused of, or charged with a crime in the United States and do not have citizenship status, then you will not be allowed the same legal rights as other immigrants who are citizens. Non-citizens do not have the same protections that would otherwise lessen the chances of deportation, being granted asylum, or from being prevented reentry to the US.

Will I be deported?

Immigrants who are convicted of an aggravated felony must be detained by federal authorities whenever they are released from criminal custody. Those who are not Lawful Permanent Residents (LPR) may be subject to administrative deportation without a formal hearing. Immigrants who are Lawful Permanent Residents must go before an immigration judge to demonstrate that the crime in question does not constitute the aggravated felony label.

If you or a loved one is facing deportation or aggravated felony charges as an immigrant, contact us today to see how we can help the case. The Law Offices of Kirk Anderson are licensed in Minnesota, Wisconsin, and US District Court.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.