Criminal Immigration Lawyer

Arrested as an Immigrant: A Guide to Protecting Your Rights and Your Status

If you or a loved one has been arrested and is not a U.S. citizen, the clock is already ticking. An arrest doesn’t just mean potential jail time—it can trigger a “detainer” and lead to deportation proceedings. In the legal world, we call this “Crimmigration,” and navigating it requires a defense strategy that considers both criminal law and immigration consequences simultaneously.

Criminal Charges and Your Immigration Status: Your Future Is on the Line

If you are an immigrant in the United States, a criminal arrest can have a devastating and immediate impact on your future. A conviction could lead to deportation, the loss of your visa, or the rejection of your green card or citizenship application. The decisions you make right now will have an enormous impact on your life. If you are asking “what happens if an immigrant gets arrested,” the answer is that the consequences are severe and demand specialized legal help.

At Stacer, PLC, we understand the stakes. Our legal team is experienced in both Michigan criminal defense and U.S. immigration law. We provide a unique and critical service: offering legal advice that protects both your rights in court and your immigration status.

What Happens if an Immigrant Gets Arrested? When a non-citizen is taken into custody, the process follows a specific trajectory:

1. Local Booking: Fingerprints are taken and run through the Integrated Automated Fingerprint Identification System (IAFIS), which alerts ICE.
2. The ICE Detainer (Form I-247): ICE may request that local jail hold you for up to 48 hours after your criminal release date to allow them to take you into custody.
3. Transfer to Immigration Custody: You may be moved to a federal detention center.
4. The Notice to Appear (NTA): This is the document that officially starts deportation (removal) proceedings.

Crimes That Jeopardize Your Green Card or Visa Not every arrest leads to deportation, but certain categories are high-risk. We focus on defending against:

• Crimes Involving Moral Turpitude (CIMT): Such as fraud, theft, or intent to cause great bodily harm.
• Aggravated Felonies: A broad category in immigration law that can include drug trafficking, certain filing crimes, or violent crimes with a sentence of 1+ year.
• Drug Offenses: Almost any controlled substance violation can trigger removal, except for small amounts of marijuana possession in some jurisdictions.

Why You Need a Criminal Immigration Attorney

For a U.S. citizen, the best criminal defense strategy is often different from the right one for you. Simple plea deals or convictions for seemingly minor offenses can have severe and irreversible immigration consequences. Without a lawyer who understands both fields, you could unknowingly accept a plea that leads to your removal from the country.

Our firm is committed to protecting your right to live and work in the United States. We will guide you through this complex process, advising you of your rights and helping you understand the charges against you and their potential impact on your immigration status.

We Can Help with a Variety of Immigration-Related Criminal Matters

We handle complex and urgent legal matters for clients throughout Michigan. We are prepared to assist you with:

• Deportation Defense: Fighting to keep you in the United States.
• Immigration Consequences of Drug Offenses: Advising on how drug charges can affect your status.
• Impact on Green Cards, Visas & Citizenship: Protecting your applications from being denied due to criminal issues.

Don’t Wait. Your Future Is at Risk. Contact us Now

The stress and anxiety of a criminal accusation are amplified when your immigration status is at risk. We are here to help.

Contact our Plymouth office today to schedule a confidential consultation. We will do everything in our power to guide you through these complex matters.

Phone: 734-453-7878

Address: 472 Starkweather St., Plymouth, Mi 48710

Frequently Asked Questions: Immigration and Criminal Charges

Can an undocumented immigrant be deported for a misdemeanor?

Yes. While some misdemeanors are safe, others (like domestic violence) are specific triggers for removal.

What should I do if ICE puts a hold on me?

Do not sign anything (like a Voluntary Departure form) without an attorney present. This can waive your right to a hearing.

Can I be deported if my charges are eventually dismissed?

Yes. While a dismissal is always the goal in criminal court, immigration authorities (ICE) can sometimes use the underlying “conduct” or an admission of guilt as a reason to deny future benefits or trigger removal. Furthermore, the initial arrest alone is often what alerts ICE to your presence, which can lead to a detainer being placed before the criminal case is even resolved.

Will a “No Contest” plea protect my immigration status?

No. In the eyes of U.S. immigration law, a “No Contest” (nolo contendere) plea is treated exactly the same as a “Guilty” plea. Both result in a conviction for immigration purposes. Before entering any plea, it is vital to have an attorney analyze whether the specific language of the charge triggers a “Crime Involving Moral Turpitude” or an “Aggravated Felony.”

I have a Green Card; am I safe from deportation?

Not necessarily. Lawful Permanent Residents (LPRs) can still lose their status and be deported if they are convicted of certain crimes, such as drug offenses, domestic violence, or “aggravated felonies.” An arrest can also lead to a “denial of reentry” if you travel abroad and try to return to the U.S. with a criminal record.

What is an ICE Detainer (or “ICE Hold”)?

An ICE detainer is a request from the Department of Homeland Security to a local Michigan jail. It asks the jail to hold you for up to 48 hours after you would normally be released (for example, after posting bail) so that ICE can come and take you into their custody.