Criminal Immigration Violations

Criminal immigration violations often involve serious offenses such as document fraud, human trafficking, or reentry after deportation.

The United States has complicated immigration legislation, and not all infractions are handled equally. There are significant violations that are regarded as crimes, even if many immigration-related matters—like overstaying a visa—fall within civil law. In addition to affecting an individual’s immigration status, criminal immigration crimes can result in jail time, fines, and permanent re-entry prohibitions.

What Are Criminal Immigration Violations?

Criminal immigration violations occur when an individual engages in conduct that violates federal immigration statutes and carries criminal penalties. Unlike civil violations, these cases are prosecuted in federal courts and can lead to incarceration.

Examples include:

• Illegal re-entry after removal: Returning to the U.S. after deportation without permission.
• Alien smuggling: Assisting someone in entering the country unlawfully.
• Immigration-related fraud: Using fake documents, marriage fraud, or lying on immigration applications.
• Harboring or transporting undocumented immigrants: Providing shelter or moving individuals unlawfully present in the country.
• False claims to U.S. citizenship: Claiming citizenship to obtain benefits, work, or avoid deportation.

Civil vs. Criminal Immigration Violations

The distinction between civil and criminal matters is crucial:

• Civil Violations: Usually involve overstaying a visa, unlawful presence, or other status violations. These are handled by immigration courts and can result in deportation, but not jail time.
• Criminal Violations: Involve fraud, smuggling, or illegal re-entry, and are handled in federal criminal courts. Penalties include fines, imprisonment, and deportation after serving a sentence.

Penalties for Criminal Immigration Violations

Criminal immigration violations often carry harsh penalties, such as:

• Prison sentences: Ranging from months to decades depending on the offense.
• Fines: Substantial monetary penalties for fraud and smuggling.
• Permanent inadmissibility: Those convicted of certain crimes may be permanently barred from re-entering the U.S.
• Deportation: Removal proceedings often follow a criminal conviction, compounding the consequences.

For example, illegal re-entry after deportation can result in up to 20 years in federal prison if the person has prior criminal convictions.

Aggravated Felonies and Crimes of Moral Turpitude

Under immigration law, certain criminal offenses carry extra weight:

• Aggravated felonies: These include drug trafficking, violent crimes, or fraud involving $10,000 or more. Convictions almost always result in deportation and permanent inadmissibility.
• Crimes of moral turpitude (CMTs): These are offenses that involve dishonesty or immoral conduct, such as theft or fraud. A CMT conviction can make someone deportable or inadmissible, depending on circumstances.

The Role of Federal Agencies

Criminal immigration violations are investigated and prosecuted by federal agencies such as:

• Immigration and Customs Enforcement (ICE)
• Customs and Border Protection (CBP)
• Department of Justice (DOJ)
• U.S. Attorneys’ Offices

Unlike civil cases, criminal cases are heard in federal district courts, with judges and juries involved.

Criminal immigration violations are far more serious than civil ones, as they can lead to prison time, permanent bars on immigration, and lasting consequences for individuals and their families. For immigrants, understanding the difference between civil and criminal violations is essential in order to avoid unintentional mistakes that could have life-altering impacts.

Immigration law is unforgiving when it comes to criminal offenses, making legal guidance and compliance vital for those navigating the system.

FAQs on Criminal Immigration Violations

1. What makes an immigration violation a crime?

An immigration violation becomes criminal when it breaks federal immigration laws that carry criminal penalties, such as illegal re-entry, fraud, or smuggling. These cases are prosecuted in federal courts and can result in prison time, unlike civil violations.

2. Is entering the U.S. without papers a crime?

Yes, illegal entry into the U.S. is a misdemeanor. A first offense can result in up to 6 months in jail. If a person has been deported before and re-enters illegally, it becomes a felony, with much harsher penalties.

3. What is the difference between a civil and a criminal immigration violation?

• Civil violations (like visa overstays) lead to deportation or bars on re-entry but not jail.
• Criminal violations (like re-entry after deportation or immigration fraud) can result in federal prison time, fines, and deportation after serving a sentence.

4. What is an “aggravated felony” in immigration law?

An aggravated felony is a category of crimes—including drug trafficking, violent offenses, and major fraud—that almost always results in deportation and permanent inadmissibility. Even if a state classifies a crime differently, immigration law may treat it as an aggravated felony.

5. Can someone be deported after serving a prison sentence?

Yes. Many immigrants convicted of criminal violations face removal proceedings immediately after serving their prison sentence. In some cases, deportation is mandatory.

6. What is a crime of moral turpitude (CMT)?

A crime of moral turpitude involves dishonesty or morally offensive behavior, such as theft, fraud, or assault. Conviction of a CMT can make someone deportable or inadmissible to the U.S.

7. Can criminal immigration violations be forgiven?

It depends. Some crimes may be waived under specific circumstances (like certain hardship waivers), but aggravated felonies and serious fraud offenses usually cannot be forgiven and lead to permanent consequences.

8. Who prosecutes criminal immigration cases?

Criminal immigration violations are prosecuted by the U.S. Attorney’s Office in federal courts, often after investigations by ICE or CBP. Immigration judges handle deportation, but criminal courts handle the prison sentences.