Introduction to Crimmigration - How Pleas in Criminal Cases Affect Immigration Cases-Introduction to Crimmigration - How Pleas in Criminal Cases Affect Immigration Cases

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Video Summary

The presentation was an introductory overview of how criminal charges can affect immigration status, especially for non-citizens facing arrest, detention, deportation, or future applications for lawful status or citizenship. The speaker, immigration attorney David Dawson, explained that criminal defense attorneys should always consider immigration consequences before advising on pleas, because immigration law is complex and often unintuitive.<br /><br />He outlined the main immigration agencies: the Department of Justice handles immigration court and appeals; DHS includes ICE, CBP, and USCIS; and the State Department handles visas abroad. He explained ICE detention, detainers, and administrative warrants, stressing that ICE holds are civil, not criminal, and are often not honored by local jails. He also noted that ICE can seek custody through local law enforcement information, not just community raids.<br /><br />The talk covered bond and mandatory detention, as well as the key distinction between people who are “deportable” versus “inadmissible.” He explained that many immigration consequences require a conviction, but that a wide range of outcomes can count as convictions for immigration purposes, including guilty pleas, diversion programs, Alford pleas, and some admissions. Expungements and pardons generally do not erase immigration consequences unless they are based on a substantive, procedural, or constitutional defect.<br /><br />He emphasized Padilla v. Kentucky, which requires criminal defense attorneys to advise clients about immigration consequences, and noted Ohio’s plea warning requirements. Finally, he introduced the categorical approach used to compare state offenses to federal immigration definitions, using crimes involving moral turpitude and theft offenses as examples.

Keywords

immigration consequences

criminal charges

non-citizens

ICE detention

deportable

inadmissible

Padilla v. Kentucky

guilty plea

categorical approach

crimes involving moral turpitude