Crimmigration is the overlap between criminal law and immigration law. The term was coined by law professor Juliet Stumpf in a 2006 article, and it describes two trends: criminal cases carrying immigration consequences such as deportation, and immigration enforcement increasingly using the tools of criminal law, such as detention and federal prosecution. For anyone who is not a U.S. citizen, even a misdemeanor arrest or a no contest plea can put a green card, visa or citizenship application at risk.
What Is Crimmigration?
Crimmigration is not a separate body of law. It is the name for the places where two systems meet. A state court decides a criminal case under state law; immigration authorities then decide, under federal immigration law, what that outcome means for the person’s status. The two systems use different definitions, so a result that looks minor in criminal court, like a probated sentence or a First Offender plea, can still lead to deportation or a denied application.
That is why a noncitizen facing charges needs both a criminal defense lawyer and an immigration lawyer reviewing the case before any plea. If removal proceedings have already started, see our deportation defense services.
Key Crimmigration Principles
- Immigration law defines “conviction” its own way. A guilty or no contest plea with any punishment, such as probation or a fine, is usually a conviction for immigration purposes, even if the court withheld judgment. A Georgia First Offender sentence generally counts too.
- State labels do not control. A state misdemeanor can be an “aggravated felony” under immigration law, for example a theft with a one-year sentence, even if suspended.
- Some crimes make you deportable; others make you inadmissible. Deportability affects people already admitted, such as green card holders. Inadmissibility affects people applying for a green card or visa, or returning from travel. The lists overlap but are not the same.
- An arrest alone can matter. Fingerprints taken at a Georgia jail can lead to an ICE detainer. Under the Laken Riley Act of 2025, certain noncitizens without lawful status who are charged with or arrested for theft, burglary, shoplifting and some other offenses face mandatory immigration detention.
- Some immigration violations are federal crimes. Entering the U.S. without inspection and returning after deportation can be prosecuted in federal criminal court.
- Defense lawyers must warn noncitizen clients. Under Padilla v. Kentucky (2010), a criminal defense lawyer must advise a noncitizen client about the deportation risk of a plea.
For how these principles play out in local cases, read criminal charges and immigration status in Georgia.
The History of Crimmigration
For most of U.S. history, criminal law and immigration law ran on separate tracks. State and federal criminal courts handled crimes; deportation was treated as a civil matter. That changed from the late 1980s onward, when Congress added “aggravated felonies” to immigration law (1988) and then greatly expanded the list of deportable offenses and limited relief in 1996. Since then, more criminal outcomes carry immigration consequences, and more immigration enforcement looks like criminal enforcement.
Today, removal cases are heard by immigration judges, who work for the Executive Office for Immigration Review, part of the U.S. Department of Justice. The government is represented by attorneys from U.S. Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security. The former Immigration and Naturalization Service (INS) was abolished in 2003, and its functions were divided among USCIS, ICE and U.S. Customs and Border Protection.
If you or a family member is facing criminal charges and is not a U.S. citizen, speak with an immigration attorney before entering any plea. BCA Law Firm reviews the immigration consequences of pending charges and past convictions, works with your criminal defense lawyer, and represents clients in immigration court.
From Immigration to Crimmigration
Undocumented immigrants crossing the U.S.-Mexico border are arrested, detained and deported more often than ever before. These cases tend to dominate all debates on immigration policy in the United States. The criminalization of illegal border crossing was more of an exception than a rule, up until the early 1990s. This was due to the fact that immigration issues were seen as civil affairs and, as such, were addressed through the immigration court system. On the other hand, criminal cases were handled by judges, defense counsels and prosecutors.
Beginning in the 1990s, immigration detention, once reserved for exceptional cases, quickly became common. ICE detained more than 429,000 people nationwide in fiscal year 2011 alone. A migrant’s criminal background weighs heavily on the decision to deport or detain them.
Immigration Law & Criminal Defense
Immigration law and criminal defense usually become intertwined because non-citizens convicted of crimes also face severe immigration implications. These are additional punishments added to any fines or prison terms the individual faces.
Although felonies, misdemeanors and other minor offenses are distinguishable within the criminal justice system when it comes to citizens, the situation can be very different for non-citizens. Even smaller criminal offenses such as stealing can lead to deportation or forced removal from the country.
If you have an old arrest or conviction and plan to apply for a green card or citizenship, or to travel abroad, have an attorney review your record first. Read more about which offenses can make a green card holder deportable.
Consultations
BCA Law Firm offers 30-minute consultations for $175, at our Norcross office or online. Book a consultation or call 678-292-6111, Monday to Friday, 9:00 a.m. to 6:00 p.m. Our office is at 700 Holcomb Bridge Road, Norcross, GA 30071.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
