Weld County Immigration Consequences for Criminal Convictions

Everyone knows that facing criminal charges is no fun. It is even more of a burden when the person facing those charges is not a citizen of the United States and might be deported. They not only have to face the consequences of the criminal conviction; they could also face an automatic deportation or removal. In most cases, the noncitizen is required to complete their prison or jail sentence here before being handed over deportation. This is called a detainer or a hold. In other cases, the deportation can occur before the criminal proceedings conclude. If a non-citizen is charged with an aggravated felony or what Federal law has labeled a ‘crime of moral turpitude,’ then deportation is more likely. The U.S. Immigration and Customs Enforcement Agency (known as ICE) can remove a non-citizen even if they are in the country legally with a work visa or green card. If you are currently residing in the United States, but not an official citizen, you need to know how to protect yourself from ICE during any removal proceedings as well as the immigration guidelines for any criminal convictions.

What is a Crime of Moral Turpitude?

In Weld, Morgan, or Logan County, the ‘Crime of Moral Turpitude’ designation is expanding to include a long list of many crimes. Most often, the Greeley crimes that fall under this category are:

• Any sex crime
• Theft
• Domestic Violence
• Firearms Violations
• DUI / DWAI

There are some exceptions to the crime of moral turpitude deportation rule. If a person has legally been in the country for 5 or more years and is convicted of a misdemeanor like Harassment as an Act of Domestic Violence or Carrying a Concealed Weapon, the removal consequences might be excused by ICE. But, it is important to note that this will only happen under certain circumstances and is always at the discretions of the ICE officials or U.S. Attorney. If a noncitizen is convicted of or pleads guilty to a felony crime of moral turpitude, ICE automatically becomes involved and the person is on the radar for removal proceedings. Sometimes, ICE will take the person into custody without warning and they will be held indefinitely until they can be deported. They are usually held in the Denver Contract Detention Facility / U.S. Immigration and Customs Enforcement Facility which is located in Aurora, Colorado. It is vital you consult with a knowledgeable criminal defense attorney along with an immigration lawyer before pleading guilty to anything or even speaking to ICE agents the police for that matter. You need to understand the potential immigration ramifications before making any decisions.

What Crimes Make a Person Subject to a Deport / Removal Order?

Just as the Federal Government deemed certain offenses ‘Crimes of Moral Turpitude,’ they have also compiled a list of serious crimes they have labeled an aggravated felony. Any aggravated felony committed in Greeley, Erie, or Evans, automatically means removal. Below is a list of aggravated felony charges:

• Large Fraud
• Rape or Sexual Assault
• Prostitution or Human Trafficking
• Murder
• Child Pornography
• Any Crime of Violence (like Assault, Kidnapping, or Stalking)
• Money Laundering
• Felony Theft (over $2,000)
• Drug Distribution (like Heroin, Meth, or Cocaine)

Now, the above is not a comprehensive list. There are other crimes that may fall under this category that are not listed above. If you have been charged with a crime and are worried there may be immigration consequences, check with an experienced criminal defense attorney and an immigration attorney to learn more about your specific situation.

Can an ICE Deportation Be Stopped?

Under certain circumstances there are defense strategies that can be used to stop a person’s deportation. One of those strategies is an immigration friendly plea. This is when the criminal court reclassifies your crime so that is not considered a crime of moral turpitude or an aggravated felony. Also, if you were not properly advised of any possible immigration consequences before pleading guilty to a crime, a change in your immigration status may be entered. There are numerous other things your criminal defense attorney can say or do to make it more likely that you will be able to re-enter the U.S. after a 5 or 10 year waiting period, or stay here today.