Serious criminal convictions put an immigrant’s lawful status at risk. Particularly significant convictions can warrant deportation. A criminal record can also complicate the process of renewing a visa, adjusting one’s status to become a permanent resident or naturalizing to become a citizen.
In some cases, immigrants facing criminal charges may have the option of pretrial diversion programs, such as the drug courts. The drug courts focus on rehabilitation and treatment instead of punishment for drug-related crimes.
Can participation in the drug court process protect an immigrant from removal or similar legal consequences?
Drug courts may leave immigrants exposed
Contrary to what immigrants might assume, participating in the drug court system does not protect them from crime-related immigration consequences. Even in cases involving an agreement to reduce the charges or eliminate incarceration as a penalty, federal immigration authorities can assume that someone was guilty of the charge originally brought against them, rather than the final charge included in the plea bargain.
Additionally, even misdemeanor drug crimes can be indicative of a substance abuse disorder that can be a statutory bar for maintaining a lawful presence in the United States. Finally, the drug court process generally requires that individuals enter a guilty or no-contest plea and assert to the courts that they struggle with substance abuse. Both the guilty plea itself and the admission of chemical dependence can put an immigrant’s status at risk.
Understanding one’s options when facing a criminal charge as an immigrant can help people avoid the worst consequences possible. Seeking legal guidance can help.