How Criminal Charges Affect Your Immigration Case — And What to Do If You’re Arrested
For immigrants, an arrest is never “just a criminal matter.”
Even minor charges can trigger:
ICE involvement
Immigration detention
Loss of bond eligibility
Removal (deportation) proceedings
What makes this especially dangerous is that immigration law treats arrests, charges, and convictions very differently from criminal courts do.
At AG Law Firm, we regularly see clients whose immigration cases were harmed — not because they were guilty, but because they didn’t know what to do in the first critical moments after an arrest.
Arrest vs. Charge vs. Conviction: Why the Difference Matters
Immigration law does not always wait for a conviction.
Arrest
An arrest alone can:
Alert ICE
Trigger a detainer
Lead to immigration custody
Impact bond eligibility
Even without a conviction, ICE may place someone in removal proceedings.
Criminal Charges
Pending charges can:
Delay immigration applications
Prevent approval of benefits
Be used to argue that someone is a “danger” or “flight risk.”
Affect discretionary decisions
Immigration judges often consider pending cases, even before they are resolved.
Convictions
Convictions carry the most serious consequences and can:
Make someone deportable or inadmissible
Trigger mandatory detention
Eliminate eligibility for relief
Permanently bar future immigration benefits
⚠️ Immigration definitions of “conviction” are broader than criminal definitions — some plea deals still count.
Common Criminal Charges That Trigger Immigration Consequences
Some charges raise immediate red flags in immigration court, including:
Drug-related offenses
Domestic violence allegations
Theft or fraud
DUI (especially with aggravating factors)
Firearms offenses
Crimes involving moral turpitude (CIMT)
Aggravated felonies (immigration definition, not criminal)
Even misdemeanors can have devastating immigration effects.
How an Arrest Can Lead to ICE Detention
Many immigrants first encounter ICE after a criminal arrest, not during immigration enforcement actions.
This can happen when:
Local law enforcement shares fingerprints
ICE issues a detainer
Someone is transferred from criminal custody to ICE
A court appearance triggers an immigration review
Once in ICE custody, release is not guaranteed.
How Criminal Charges Affect Bond Eligibility
Criminal history plays a major role in whether someone can be released from detention.
Possible outcomes:
Bond granted: if the person is not deemed dangerous or a flight risk
Bond denied: if ICE claims mandatory detention applies
Higher bond amount: based on the nature of charges
Some convictions place individuals in mandatory detention, meaning no bond at all.
The Biggest Mistake: Handling Criminal and Immigration Cases Separately
One of the most damaging mistakes immigrants make is allowing a criminal case to move forward without an immigration strategy.
A plea deal that seems “minor” in criminal court can:
Trigger deportation
Destroy future eligibility
Lead to permanent bars
This is why coordination between criminal defense and immigration counsel is critical.
🧠 What to Do Immediately If You’re Arrested
If you are arrested and are not a U.S. citizen:
1️⃣ Remain silent
You have the right to remain silent. Use it.
2️⃣ Do not discuss immigration status
Never answer immigration questions without a lawyer.
3️⃣ Do not sign documents
Especially without legal advice.
4️⃣ Contact an immigration attorney immediately
Time matters — especially before any plea or statement.
5️⃣ Tell your criminal defense attorney you are not a U.S. citizen
They must consider immigration consequences.
Relief May Still Be Available
Even with a criminal history, many immigrants still qualify for relief such as:
Cancellation of Removal
Asylum or withholding
VAWA relief
U visas
Waivers of inadmissibility
Bond motions or parole
Every case is fact-specific — assumptions are dangerous.
Final Thoughts
An arrest can change everything — but the right legal response can change it back.
If you or a loved one is facing criminal charges and has immigration status concerns, do not wait.
The first steps you take matter more than you think.