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How Criminal Charges Affect Your Immigration Case — And What to Do If You’re Arrested

AG Law Firm Jan. 21, 2026

For immigrants, an arrest is never “just a criminal matter.”

Even minor charges can trigger:

  • ICE involvement

  • Immigration detention

  • Loss of bond eligibility

  • Removal (deportation) proceedings

What makes this especially dangerous is that immigration law treats arrests, charges, and convictions very differently from criminal courts do.

At AG Law Firm, we regularly see clients whose immigration cases were harmed — not because they were guilty, but because they didn’t know what to do in the first critical moments after an arrest.

Arrest vs. Charge vs. Conviction: Why the Difference Matters

Immigration law does not always wait for a conviction.

Arrest

An arrest alone can:

  • Alert ICE

  • Trigger a detainer

  • Lead to immigration custody

  • Impact bond eligibility

Even without a conviction, ICE may place someone in removal proceedings.

Criminal Charges

Pending charges can:

  • Delay immigration applications

  • Prevent approval of benefits

  • Be used to argue that someone is a “danger” or “flight risk.”

  • Affect discretionary decisions

Immigration judges often consider pending cases, even before they are resolved.

Convictions

Convictions carry the most serious consequences and can:

  • Make someone deportable or inadmissible

  • Trigger mandatory detention

  • Eliminate eligibility for relief

  • Permanently bar future immigration benefits

⚠️ Immigration definitions of “conviction” are broader than criminal definitions — some plea deals still count.

Common Criminal Charges That Trigger Immigration Consequences

Some charges raise immediate red flags in immigration court, including:

  • Drug-related offenses

  • Domestic violence allegations

  • Theft or fraud

  • DUI (especially with aggravating factors)

  • Firearms offenses

  • Crimes involving moral turpitude (CIMT)

  • Aggravated felonies (immigration definition, not criminal)

Even misdemeanors can have devastating immigration effects.

How an Arrest Can Lead to ICE Detention

Many immigrants first encounter ICE after a criminal arrest, not during immigration enforcement actions.

This can happen when:

  • Local law enforcement shares fingerprints

  • ICE issues a detainer

  • Someone is transferred from criminal custody to ICE

  • A court appearance triggers an immigration review

Once in ICE custody, release is not guaranteed.

How Criminal Charges Affect Bond Eligibility

Criminal history plays a major role in whether someone can be released from detention.

Possible outcomes:

  • Bond granted: if the person is not deemed dangerous or a flight risk

  • Bond denied: if ICE claims mandatory detention applies

  • Higher bond amount: based on the nature of charges

Some convictions place individuals in mandatory detention, meaning no bond at all.

The Biggest Mistake: Handling Criminal and Immigration Cases Separately

One of the most damaging mistakes immigrants make is allowing a criminal case to move forward without an immigration strategy.

A plea deal that seems “minor” in criminal court can:

  • Trigger deportation

  • Destroy future eligibility

  • Lead to permanent bars

This is why coordination between criminal defense and immigration counsel is critical.

🧠 What to Do Immediately If You’re Arrested

If you are arrested and are not a U.S. citizen:

1️⃣ Remain silent

You have the right to remain silent. Use it.

2️⃣ Do not discuss immigration status

Never answer immigration questions without a lawyer.

3️⃣ Do not sign documents

Especially without legal advice.

4️⃣ Contact an immigration attorney immediately

Time matters — especially before any plea or statement.

5️⃣ Tell your criminal defense attorney you are not a U.S. citizen

They must consider immigration consequences.

Relief May Still Be Available

Even with a criminal history, many immigrants still qualify for relief such as:

  • Cancellation of Removal

  • Asylum or withholding

  • VAWA relief

  • U visas

  • Waivers of inadmissibility

  • Bond motions or parole

Every case is fact-specific — assumptions are dangerous.

Final Thoughts

An arrest can change everything — but the right legal response can change it back.

If you or a loved one is facing criminal charges and has immigration status concerns, do not wait.
The first steps you take matter more than you think.