Noncitizens not only have to endure and navigate the immigration process, but they also face an ever-changing set of laws and regulations. Each administration approaches immigration differently. When President Biden took office, noncitizens felt a wave of relief.
For example, President Biden originally rescinded the Migrant Protection Protocols (MPPs). If you were a citizen of Mexico and were awaiting an immigrant court date, MMPs required you to wait in Mexico. Shortly after they were eliminated, Texas fought to have them reinstated—which they currently are. MPPs are a good example of how quickly policies can change. Because of this, we wanted to help you better understand the current administration’s approach to deportation.
*It is important to note that no formal laws regarding deportation have changed; if a person was technically deportable by law, under the Immigration and Nationality Act section 237(a)(2), that person is still technically deportable now regardless of the President. The question is now: will this administration consider the person a priority for removal? In other words, is it worthwhile to initiate deportation proceedings against this person? We answer that below.
Will I Be Deported?
After President Biden took office, many noncitizens wanted to know if they could be deported. The answer to that question is“yes”, but under the following circumstances:
- National security threats
- Being a threat to border security
- Being a threat to public safety
What Is A Threat To Public Safety?
Non-citizens who have been charged with a crime need to understand the answer to this question. Does the crime I have been charged with make me a threat to public safety?
Since September 30, 2021, ICE considers this as any threat to public safety. For an undocumented person, this could mean just an arrest for an offense more serious than a traffic violation, like DUI. Domestic Violence offenses are causing concern for public safety and has resulted in ICE detention for removal proceedings. For legal permanent residents (those who hold a green card), it’s a conviction for any deportable offense that could lead to ICE custody for deportation proceedings before an Immigration Court. Examples of these crimes would be violent acts, theft, controlled substance offenses and others.
The Role Of A Crimmigration Attorney
Non-U.S. citizens who have been charged with a crime must know that there are no definitive criteria for whether they will be classified as a threat to public safety. However, that doesn’t mean they don’t have options and solutions for dealing with this appropriately.
Because there is no clear-cut definition, a crimmigration lawyer can advocate on your behalf. Allow them to persuade and convince ICE not to pursue your deportation. Your crimmigration attorney can analyze the specifics of your case, review your history and background, and fight for you to stay within the United States.
Non-U.S. citizens face a two-pronged issue when they are charged with a crime. In addition to the criminal court legal repercussions, they may also face deportation. One impacts the other at every stage of the matter. Fortunately, STERN Law has a command of both areas of the law. We fully understand how criminal charges can risk your ability to remain in this country.
If you have been charged with a crime and are concerned that you may be deported, contact the trusted and established lawyers at STERN Law to schedule a consultation.
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