Crimmigration Explained: How Convictions Affect Immigration Status

October 23, 2026 · By Ahmad Yakzan

"Crimmigration" means the place where criminal law and immigration law meet. If you are not a U.S. citizen, an arrest or guilty plea can affect your immigration status. It can sometimes matter more than the criminal sentence.

What the New Deportation Data Shows

On October 22, 2026, the Migration Policy Institute published a report estimating about 980,000 deportations during the first 18 months of the current administration. The report found that about 20% of the people deported had a criminal conviction. Among removals of people with convictions, traffic offenses, including driving under the influence (DUI), made up about 21% of the convictions. Even an offense that seems minor can matter.

Key Terms, Explained

• Conviction: Immigration law has its own definition. A formal finding of guilt counts. So does a guilty or no contest plea combined with any punishment or restraint, such as probation or a fine.
• Aggravated felony: A federal immigration category with serious consequences. It can include some offenses that are misdemeanors under state law.
• Crime involving moral turpitude (CIMT): Generally, offenses involving fraud, theft or intent to cause harm. Whether one conviction causes a problem can depend on the sentence and on when the offense happened.
• Controlled substance offenses: Most drug convictions carry immigration consequences. There are narrow exceptions, such as a single offense of possessing 30 grams or less of marijuana for personal use.

Florida-Specific Points

A "withhold of adjudication" may still count

In Florida, a judge can "withhold adjudication," so the person is not formally convicted under state law. For immigration purposes, though, a plea followed by probation or another penalty is generally still treated as a conviction.

Sealing or expunging a record usually doesn't help

Sealing or expunging a record under Florida law can help with jobs and housing. In most cases, though, it doesn't erase the conviction for immigration purposes. You should still disclose it truthfully when asked.

The plea warning matters

Florida judges must warn defendants that a plea may lead to deportation. Under the U.S. Supreme Court's decision in Padilla v. Kentucky, criminal defense lawyers must also advise noncitizen clients about deportation risk. If that advice was missing or wrong, it may be possible to challenge the conviction in some cases.

Detention and Relief

Some offenses can lead to mandatory detention, which means the person can't be released on an immigration bond. Since the Laken Riley Act became law in 2025, certain noncitizens, such as those who entered without inspection, can face mandatory detention after being charged with certain offenses, including theft and shoplifting, even without a conviction. Learn more about immigration bonds and mandatory detention.

A conviction doesn't always end someone's options. Depending on the offense and the person's history, relief such as cancellation of removal may still be possible.

Practical Steps

• Talk to an immigration attorney before accepting any plea, if you can.
• Get certified copies of court records, including the charging document, plea and sentence.
• Don't travel abroad or file an immigration application until someone has reviewed your record.
• Tell your criminal defense lawyer that you are not a U.S. citizen.

This article is general information, not legal advice. Every case is different, so speak with an attorney about your own situation. You can read more on our crimmigration page.

If you or a loved one is facing criminal charges or has a conviction and is worried about immigration status, schedule a consultation with Ahmad Yakzan at American Dream Law Office PLLC. Call (656) 236-0205 or schedule online.