What criminal convictions make an immigrant deportable under current federal law?
Executive summary
Federal law makes noncitizens deportable for a range of criminal convictions, most prominently “aggravated felonies,” crimes involving moral turpitude (CIMTs), controlled‑substance offenses, firearm and weapons convictions, and certain immigration‑related fraud or document offenses (see statutory text 8 U.S.C. §1227 and practice guides) [1][2][3]. Specialist summaries and defense organizations emphasize that the list is complex, fact‑specific, and driven by statutory categories, federal case law, and agency practice rather than simple offense names [4][5].
1. A statutory backbone: 8 U.S.C. §1227 defines deportability
Congress set out the principal deportability grounds in 8 U.S.C. §1227: the statute lists a series of criminal categories that make an alien deportable, including offenses carrying significant prison terms (esp. espionage, treason), weapons convictions, and immigration‑related violations; the statutory text itself is the primary source for what makes someone deportable [1].
2. Aggravated felonies: the single most consequential category
“Aggravated felony” is a term of art in immigration law whose list is long and periodically expanded; a conviction for any offense on that list triggers severe immigration consequences and generally bars most forms of relief from removal [2]. The American Immigration Council notes that aggravated felonies are not the only deportability ground but that they carry uniquely harsh results and are routinely treated as automatic grounds for removal [2].
3. Crimes involving moral turpitude (CIMTs): broad and fact‑driven
CIMTs are a capacious category that immigration lawyers and courts use to assess deportability; practice guides and law firms stress that whether a state offense is a CIMT depends on statutory elements and case law rather than the offense label, and some CIMTs can lead to deportability depending on timing and sentence length [6][7][5]. Legal clinics and checklists used by defenders underscore that CIMT analysis is highly technical and fact‑specific [3].
4. Drug and controlled‑substance offenses: clear federal bars
Federal immigration grounds include controlled‑substance convictions as deportable or inadmissible in many cases; defense resources and checklists highlight that a categorical match to federal controlled‑substance offenses is often decisive, though there are narrow exceptions for certain simple possession convictions [3].
5. Firearms, explosives and national‑security offenses
8 U.S.C. §1227 explicitly lists convictions relating to firearms or destructive devices and serious national‑security crimes (espionage, sabotage, treason) as deportable; the statute ties some of these grounds to specified potential prison terms [1].
6. Fraud, misrepresentation, and document‑related grounds
Immigration statutes make aliens deportable for procuring visas or entry by fraud, and for violations tied to immigration documents and smuggling; the statute also authorizes discretionary waivers in narrowly defined humanitarian situations [1].
7. How practice guides and defense groups explain the complexity
Immigration‑defense organizations and legal guides (e.g., Immigrant Defense Project, ILRC, Nolo) publish checklists and explanations showing that seemingly minor state offenses—DUI, some thefts, or domestic violence convictions—can in particular circumstances be treated as deportable because of categorical or sentencing rules, exceptions, or how multiple offenses are aggregated [4][5][3][8].
8. Law practice warnings: names don’t equal outcomes—elements do
Multiple sources warn that the label attached in state court (misdemeanor, DUI, theft) is not dispositive; immigration consequences turn on statutory elements, the sentence imposed, whether offenses are treated as single schemes of misconduct, and evolving case law—so certified dispositions and specialist counsel are essential [5][3].
9. Recent rule and policy notes: changes and heightened scrutiny
Advocacy and reporting outlets flagged 2025 rule changes and enforcement priorities that may widen risks for green‑card holders and increase scrutiny of minor offenses, though authoritative statutory text and legal checklists remain the controlling guides for deportability analysis [9][4].
10. How to proceed if you or someone you know is affected
Sources consistently recommend obtaining a certified court disposition and consulting an immigration defense attorney because deportability depends on statutory categorization, sentence length, timing relative to admission, and possible waivers—general summaries are helpful but cannot substitute for case‑specific legal analysis [5][3].
Limitations and source notes: this report relies on the statutory text of 8 U.S.C. §1227 and practitioner and advocacy materials in the search set; available sources do not provide an exhaustive list of every offense that courts have treated as an aggravated felony or CIMT in every jurisdiction, and outcomes depend on detailed legal analysis of convictions and sentences [1][2][3].