A criminal charge or conviction in Colorado can have serious immigration consequences beyond the penalties a U.S. citizen would typically face. These consequences may include deportation (removal from the U.S.), denial of re-entry into the United States, or barriers to becoming a U.S. citizen. Any immigrant who is charged with a crime should consult both a criminal defense attorney and an immigration attorney as soon as possible.
A. General Impact & Status
- Can a criminal charge affect my immigration status?
Yes. If an immigrant is charged with a crime, they should contact a criminal defense attorney immediately. An arrest can complicate a person’s status in the U.S., affect future immigration applications, and even lead to deportation. - Can a green card holder (lawful permanent resident) be deported?
Yes. Green card holders can be placed in removal proceedings if convicted of specific crimes, such as aggravated felonies or crimes of moral turpitude. - Does DACA or a work visa offer protection from deportation?
No. Nonimmigrant visas, DACA, and Temporary Protected Status (TPS) can be revoked or terminated if you are charged with or convicted of certain crimes. - What is a crime of moral turpitude?
A crime of moral turpitude generally involves fraud, an intent to cause harm, or conduct that shocks the conscience of a reasonable person. These crimes violate accepted standards of morality and are often associated with malicious, reckless, or dishonest behavior. A conviction for a crime of moral turpitude can lead to deportation or make an immigrant inadmissible to the U.S. - What is an “aggravated felony” under U.S. immigration law?
Despite the name, this is an immigration category that includes many offenses (like theft, fraud, violent crimes, or drug trafficking) that carry mandatory deportation consequences. These offenses don’t need to be classified as felonies or considered “aggravated” in the state where the crime was committed, but are listed under crimes defined by the Immigration and Nationality Act (INA) Section 101(a)(43). These include offenses such as:- (A) Murder, rape, or sexual abuse of a minor.
- (B) Illicit trafficking in controlled substances.
- (C) & (E) Firearms offenses, explosive materials, and destructive devices.
- (D) Money laundering or tax evasion where the loss to the government/victim exceeds $10,000.
- (F) Crimes of violence for which the term of imprisonment is at least one year.
- (G) & (M) Theft, burglary, or fraud and deceit crimes where the loss exceeds $10,000.
- (N) & (O) Alien smuggling or related offenses. Excluding a first-time offense for an immediate family member.
- Can a misdemeanor lead to deportation?
Yes. Although many misdemeanors do not lead to deportation, offenses involving drugs, domestic violence, or firearms can trigger removal proceedings. - Will a deferred sentence protect my status in the US?
Not necessarily. For immigration purposes, a deferred sentence may still be treated as an admission of the offense during the deferral period. It is important to work with an attorney who understands how to negotiate a plea agreement that protects an immigrant’s status in the United States. - Can a dismissed or expunged case still affect my immigration status?
Yes. Even if a case is expunged, sealed, or dismissed, the government may still be able to see it and consider it when reviewing an immigrant’s citizenship or immigration status. - Will a simple DUI or DWAI get me deported in Colorado?
Generally, a first-time DUI is not a deportable offense unless aggravating circumstances are involved. However, aggravating factors may affect visa eligibility or trigger removal proceedings. Examples include having children in the car or being charged with additional offenses such as vehicular assault or vehicular manslaughter. - How will a domestic violence charge impact my legal status?
A domestic violence offense involving a current or former intimate partner, or someone with whom you share children, can be a deportable offense under federal law. This may apply even if the charge is a misdemeanor or the person receives a deferred sentence.
B. ICE Detainers & Arrests
- What is an ICE detainer?
An ICE detainer (or ICE hold) is a request asking a local jail to keep an immigrant in custody for up to 48 hours. Many jurisdictions in Colorado do not honor civil ICE detainers, which means jail officials generally will not hold someone past their release time based only on a state charge. However, many sheriffs’ offices will notify ICE before release, allowing ICE to take the immigrant into custody when the state case ends. In addition, if ICE or a judge has issued a warrant, the local jail will usually transfer the person to ICE. - Can Colorado police hold me just because of my immigration status?
No. Colorado law does not allow local law enforcement agencies to hold an immigrant based solely on an ICE detainer. However, a local sheriff’s office may notify ICE before release, which gives ICE an opportunity to take the person into custody. - Does ICE make arrests inside Colorado courthouses?
No. Under both Colorado state law and some judicial rulings, ICE agents are not permitted to make civil immigration arrests inside a Colorado court building or while immigrants are traveling to and from court for a scheduled hearing. - What should I do if ICE questions me?
You have a constitutional right to remain silent. Provide your name and date of birth, but do not answer questions about your immigration status or place of birth without an attorney present. Ask for an attorney immediately. Always remain polite and do not physically resist an officer, as that can lead to additional criminal charges. If the arrest, search, or seizure is unlawful, your attorney may use that in your defense. Do not provide false information or false documents, as that can be a serious crime. - If I post bond, can ICE deport me?
ICE may still place an immigration hold. If bond is posted on a state charge and ICE has not placed a hold on the person, that person should be released.
C. Legal Rights & Court Procedures
- Do I have the right to an attorney?
Yes. The U.S. Constitution provides every person with the right to an attorney in a criminal matter. If a person is deemed indigent under the Colorado Public Defender standards, is in custody, or faces serious charges carrying mandatory prison time if convicted, an attorney may be provided through the Colorado Public Defender’s Office for criminal cases. - What are my rights during a police encounter?
You have the right to remain silent. You should provide basic identifying information, such as your name and date of birth, but you do not have to answer questions related to a criminal investigation. You also do not need to discuss your immigration status or place of birth. Do not consent to a search of your person, home, vehicle, bags, backpack, personal belongings, cell phone, or computer unless law enforcement has a warrant or another legal basis to search. If you do not consent, request an attorney. Your criminal defense attorney can challenge an unlawful search or seizure in court. - What is the difference between a criminal defense attorney and an immigration attorney?
A criminal defense attorney represents a person facing criminal charges in criminal court. An immigration attorney advises how those charges or convictions may affect the person’s ability to remain in the U.S. and represents them in deportation or citizenship matters. - How do I find the right lawyer for my situation?
Look for a criminal defense attorney with significant experience representing people charged with crimes. Review law firm websites and online reviews. Many criminal defense attorneys, such as ourselves, offer free consultations. You can reach us at 719-694-0578 for help with Colorado criminal charges. - Will I be deported while my criminal case is still pending?
Generally, a person is not deported solely because of a new pending criminal charge, since a charge is not the same as a conviction. However, ICE may still place a hold on you or seek deportation for other reasons. Under Colorado law, local authorities are limited in how long they can hold you and in what information they may share with ICE. - Where can I find nonprofit or pro bono immigration legal help in Colorado?
You may be able to get help from nonprofit organizations that provide immigration legal services or self-help resources. One example is the Rocky Mountain Immigrant Advocacy Network (RMIAN).
Disclaimer: This is not legal advice, but merely general information for educational purposes. Legal advice can only come from an attorney in a private communication situation. For legal advice, please contact Black, Blink, & Associates LLC at 719-694-0578 for a free consult for criminal charges. Immigration laws, policies and procedures are constantly changing, so it is important to talk to an immigration attorney about immigration consequences.