What Crimes Does Immigration Not Forgive?

When it comes to criminal offenses, immigration does not generally forgive a few major charges.

• Aggravated felonies
• Drug offenses
• Crimes involving moral turpitude
• Domestic violence, child abuse, and stalking
• Firearms offenses

For a few of these offenses, you may be able to get a waiver with the help of your crimmigration attorney. However, aggravated felonies and many drug offenses are considered unforgivable by immigration and aren’t eligible for waivers.

Do Undocumented Immigrants Get Public Defenders?

The Constitution provides immigrants with many of the same rights as American citizens. This is why many sections of the Constitution use the term “people” or “person” instead of citizen. By being a person and physically existing within this country’s jurisdiction, you are automatically given many fundamental rights.

However, there are many important differences. For example, hearsay is allowed in immigration court, and it isn’t in a regular courtroom.

The right to counsel is unique because crossing the border illegally is considered a misdemeanor. Under the Sixth Amendment, the government only has to provide the defendant with a lawyer if the crime is a felony that is charged in criminal court. While the Trump administration is charging many immigrants in criminal court now, the crime is only a misdemeanor and doesn’t involve a public defender. However, you can get a public defender if you are charged with a different crimet that would result in a felony.

The Best Crimmigration Defense Strategies in 2025

From learning how to remove an ICE detainer to challenging a felony charge, the following techniques are effective crimmigration defense strategies.

• Post-Conviction relief: When no other option is left, the defendant can use post-conviction relief to argue their case based on new evidence or issues that weren’t brought up in the original trial.
• Bond hearings: If a bond hearing is successful, the immigrant can be released from detention while the case moves forward.
• Prosecutorial discretion: This crimmigration strategy involves asking the prosecutors for leniency, such as a lesser charge or deferred action.
• Charge downgrading: Felonies, especially aggravated felonies, can lead to your deportation. If your immigration and criminal defense attorney can negotiate a lesser charge, you may be able to prevent your removal.

How Do You Remove an ICE Detainer?

If you currently have an ICE detainer, talk to your attorney about the best path forward. Your attorney will start by determining if you’re eligible for some type of relief, like asylum.

Depending on the case, your attorney could submit a request to ICE to lift the detainer. For example, they could argue that there are legal grounds for removing the detainer or a humanitarian need. In California, the California Values Act (SB 54) could be used to argue that local and state agencies violated state law if they participated in the detainer.

Start Preparing Your Defense Strategy

Each case is different, so the type of crimmigration defense strategies you use can vary. From arguing for prosecutorial discretion to learning how to remove an ICE detainer, your lawyer can help you figure out the next step in your criminal and immigration cases.

If you’re ready to find out the best legal defense in your case, we can help. Give us a call to learn more today.