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Fact check: Which misdemeanors are considered aggravated felonies by ICE in 2025?

Checked on September 15, 2025

1. Summary of the results

The analyses provided do not offer a clear and exhaustive list of misdemeanors considered aggravated felonies by ICE in 2025 [1] [2] [3]. However, some sources suggest that driving under the influence (DUI) offenders, particularly repeat offenders, are considered a significant public safety threat [3]. Additionally, sources explain that aggravated felonies can include nonviolent and seemingly minor offenses, such as simple battery, theft, and failing to appear in court [4]. Other sources provide examples of aggravated felonies, including crimes of violence, theft offenses, and illicit trafficking in drugs or firearms [5], as well as alien smuggling, bribery, burglary, and child pornography [6]. Some sources also note that traffic violations, such as driving without a license, and marijuana-related offenses can be considered grounds for deportation and potentially aggravated felonies [7].

2. Missing context/alternative viewpoints

A key point missing from the original statement is the definition of an aggravated felony under 8 USC § 1101(a)[8], which includes a range of offenses [6]. Another important context is that both federal and state offenses can be considered aggravated felonies [6]. Furthermore, some sources highlight that even misdemeanors can be considered aggravated felonies in certain situations [5], which adds complexity to the definition. Alternative viewpoints include considering the public safety threat posed by certain offenders, such as DUI offenders [3], and the fact that ICE considers a range of crimes, including child sex crimes, drug trafficking, and violent crimes, as grounds for deportation [1] [2] [9]. It is also important to note that noncitizens can face harsh immigration consequences for aggravated felonies, which can include deportation [4].

3. Potential misinformation/bias in the original statement

The original statement may be misleading as it implies that there is a clear and publicly available list of misdemeanors considered aggravated felonies by ICE in 2025, which is not supported by the analyses [1] [2] [3]. Some sources may be biased towards highlighting the severity of crimes committed by deported individuals, which can create a negative narrative around immigration [1] [9]. On the other hand, sources like the American Immigration Council [4] may be advocating for immigrant rights and highlighting the harsh consequences of aggravated felonies for noncitizens. Overall, the lack of clarity around which misdemeanors are considered aggravated felonies can lead to confusion and misinformation [1] [2] [3].

Want to dive deeper?
What are the specific misdemeanors that can lead to deportation in 2025?
How does ICE determine which misdemeanors are aggravated felonies?
Can a misdemeanor conviction from before 2025 be considered an aggravated felony by ICE?
What are the rights of individuals facing deportation for misdemeanors classified as aggravated felonies?
How do state laws influence ICE's classification of misdemeanors as aggravated felonies?