Immigration Status and Crime in California

The United States is the third most populous country in the world behind India and China. The U.S. has been adding about 1 million immigrants annually since 1990. California is the most populous state in the Union. Not surprisingly, many immigrants make California home. California, New York, and Florida account for 60% of the foreign-born population who have immigrated to the U.S.

According to the FBI, violent and property crime has been steadily declining. In 2014, more offenders were arrested for drug crimes than property crimes and violent crimes. Researchers led by Robert Adelman at the State University of New York at Buffalo compared immigration rates with crime rates for 200 metropolitan areas over the last several decades. In 136 metro areas, including San Diego, almost 70% of the immigration population increased between 1980 and 2016 while crime stayed stable or fell.

Immigration Law

A lawful permanent resident is deportable if he or she is convicted of an aggravated felony or a crime involving moral turpitude.

What crimes make you deportable?

Aggravated felonies include murder, drug trafficking (possession and intent to distribute), money laundering (over $10k), trafficking in firearms or explosives, and crimes of violence with a sentence of at least a year.

What is a crime of moral turpitude?

Any crime that involves an intent to commit fraud, theft, or inflict bodily harm qualifies as a crime of moral turpitude.

Seek Legal Advice From an Immigration and Criminal Law Attorney

Discuss your criminal charges with your criminal attorney and an immigration attorney before pleading guilty to discuss what will happen to your immigration status once you are convicted of a crime. There are two ways criminal convictions can affect immigration status – inadmissibility and removability. Inadmissibility applies to people seeking admission to US – a criminal conviction can be used as a basis to allow the person to enter the U.S. from abroad. Removability applies to individuals in the U.S. legally. The criminal conviction makes the individual deportable or removable after entry.

A guilty plea or conviction after a trial for crime of moral turpitude or felony automatically triggers commencement of removal proceedings and forecloses relief from deportation known as cancellation of removal in many cases. It is really important to discuss the consequences to your immigration status if you plead guilty to a crime in California.

Have You Been Arrested in California?

If you or someone you know is facing criminal charges for a misdemeanor or felony in California, contact the San Diego Criminal Defense Attorney. Available 24/7, the Boertje Law Firm represents clients at any stage of the criminal case and for any crime charged – violation, misdemeanor, or felony. We serve the communities of San Diego County including Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Escondido, Fallbrook, Imperial Beach, La Jolla, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Spring Valley, and Vista. Whether your need for a criminal defense attorney arises during the pre-arrest investigation stage or the night before a court date, San Diego Criminal Defense Attorney David Boertje is available to talk to you. Call us toll free at (888) 476-0901 or contact us on the web to start legal representation today.