Not all criminal convictions will lead to deportation for an immigrant in the United States. However, they can certainly play a role. Facing charges may call your immigration status into question and can create significant instability in your life.
Generally, deportation of legal immigrants is intended for crimes of moral turpitude. What is moral turpitude under U.S. law, and when might it apply?
A definition created over time
It is important to note that there is not a strict definition for moral turpitude. Instead, it is a common law concept that has been defined gradually, through court decisions. This makes it rather ambiguous.
In general, it refers to more serious crimes that are considered vile, depraved or that have an inherent negative impact on society as a whole. These are crimes that the average person might find shocking or disturbing.
Therefore, the more serious the charges are, the more likely it is that a court will view them as crimes involving moral turpitude. Someone who is accused of negligent homicide during a road rage encounter, for example, stands a far higher chance of deportation than someone who is accused of something relatively minor, such as shoplifting or drinking underage – even though all three actions are illegal.
An intersection of the law
Things can certainly get complex from a legal standpoint when there is an intersection between immigration law and criminal law. The concept of moral turpitude is just one detail to keep in mind. For those facing charges who are worried about their immigration status, it helps to get experienced legal guidance early as possible.