Cofer Luster Criminal Defense Lawyers | October 22, 2026 | Criminal Defense

What Criminal Offenses Are Deportable?

Federal law identifies specific categories of criminal conduct that can make a noncitizen defendant deportable. Deportability depends on the exact charge, the statute involved, the date and nature of conviction, sentence length or possibility, number of offenses, and the person’s immigration status and history. 

A criminal conviction’s immigration consequences will vary depending on all these factors, and the same criminal act does not always produce the same result in every immigration case. 

What Is an Aggravated Felony for Immigration Purposes?

A conviction for an “aggravated felony” is grounds for deportation. 

This category encompasses a wide range of offenses, including but not limited to: 

Whether a particular state law conviction counts as an aggravated felony must be carefully analyzed by comparing the state offense to how federal immigration law defines it.

What Are Crimes Involving Moral Turpitude?

Crimes involving moral turpitude (CIMTs) are the other major grounds for deportability.  These are acts that generally reflect dishonesty, fraud, or intent to harm people or property. Generally, a single CIMT committed within a specific period after admission (usually five years) and where a sentence of one year or more may be imposed can result in deportability. 

Are Drug Offenses Deportable?

Yes, many drug-related convictions can make a noncitizen deportable. There is an exception for one conviction involving 30 grams or less of marijuana meant for personal use. Convictions for drug trafficking are often classified as aggravated felonies, carrying even more severe immigration consequences. The specific substance and its legal treatment under the criminal statute are critical details in these cases. 

Can Firearm Offenses Lead to Deportation?

Yes. Certain convictions that involve unlawfully purchasing, selling, possessing, using, or carrying a firearm or other destructive device make a noncitizen deportable under federal law. Attempts or conspiracies to commit qualifying firearm offenses may also be included. A firearm conviction can create a separate basis for deportability regardless of whether it is also an aggravated felony. 

Are Domestic Violence, Stalking, or Child-Abuse Offenses Deportable?

Yes, there are specific grounds for deportability for convictions involving domestic violence, stalking, child abuse, child neglect, and child abandonment. Violating a protection order can also trigger immigration consequences. Whether a specific conviction matches a federal law definition depends on the statutory language, the underlying relationship between the parties, and details contained in the record of conviction, not just the name of the state charge. 

Is Every Criminal Conviction a Deportable Offense?

No, not every criminal conviction results in deportability for a noncitizen. Whether a conviction triggers immigration consequences depends on how the specific offense aligns with federal immigration law. 

Critical factors include the elements of the offense, the length and type of sentence, dates of the conviction, presence of prior criminal history, and details of the noncitizen’s immigration status and manner of entry. Some offenses can impact admissibility or eligibility for relief even if they aren’t grounds for deportation.

The Importance of Reviewing How Plea Deals Interact With Immigration Law

A plea deal that looks like a good outcome in criminal court can be a serious problem in immigration court. Immigration law has its own categories of offenses, such as crimes involving moral turpitude and aggravated felonies, and those categories don’t line up neatly with how state criminal charges are labeled. 

A misdemeanor plea with no jail time can still trigger removal, block a green card application, or prevent someone from qualifying for naturalization, depending on the specific statute and the facts in the plea. The sentence imposed, the exact subsection pleaded to, and even the language in the plea agreement can all change the immigration result. Once a plea is entered, undoing it is difficult and sometimes impossible, so it must be reviewed thoroughly before it is entered into.

Contact a Fort Worth Criminal Defense Lawyer at Cofer Luster Criminal Defense Lawyers About Immigration Consequences  

If you are not a U.S. citizen and are facing criminal charges, it’s crucial to speak with a criminal defense lawyer who understands the potential immigration consequences of your case. The interaction between criminal law and immigration law is complex, and a decision made in court can have serious and lasting effects on your right to remain in the United States. 

Before accepting any plea or resolution, consult an attorney who can advise you on both legal systems and help you make fully informed decisions to protect your future.

For more information, please contact the Criminal Defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102