Criminal Charges and Immigration: What Non-Citizens in Houston Must Know Before Accepting Any Plea

In Houston’s courtrooms, thousands of non-citizens accept plea deals every year without fully understanding that the criminal case in front of them is also an immigration case — one that could end with their deportation, permanent separation from their families, and a lifetime bar from returning to the country where they built their life. This is crimmigration. And the decisions made before any plea is entered determine everything.

What Is Crimmigration?

Crimmigration is the intersection of criminal law and immigration law — two distinct legal systems that operate simultaneously for non-citizens and can reinforce each other’s worst consequences. A single case in Harris County can trigger two parallel proceedings: the criminal case before a state court judge, and an immigration case before an immigration judge at the Executive Office for Immigration Review.

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The criminal case determines whether you are convicted of a crime. The immigration case determines whether you can remain in the United States. These are different questions, decided under different rules, with different standards of evidence. What matters in one system may mean very little in the other — and what seems minor in one system can be catastrophic in the other.

The Three Crimmigration Traps That Catch People Every Day

Trap 1: Deferred Adjudication Is Not “No Conviction” Under Federal Law

Under Texas criminal law, successfully completing deferred adjudication means there is no final conviction on your record. Under federal immigration law (8 U.S.C. § 1101(a)(48)(A)), a “conviction” includes any plea of guilty or nolo contendere where conditions of supervision were imposed — which is exactly what deferred adjudication is.

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The Fifth Circuit has confirmed that Texas deferred adjudication generally constitutes a “conviction” for federal immigration purposes. Accepting deferred adjudication with the expectation that “it won’t affect my immigration” is one of the most dangerous mistakes a non-citizen can make.

Trap 2: Texas Expunction Does Not Erase Federal Immigration Records

A Texas expunction destroys state criminal records and allows you to deny the arrest under state law. But federal immigration agencies — ICE, USCIS, CBP — are generally exempt from state expunction orders. They may maintain their own records of the arrest regardless of what a Texas court orders.

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The Board of Immigration Appeals has consistently held that state rehabilitative measures, including expunctions, do not eliminate the immigration consequences of a conviction in most Fifth Circuit contexts. Getting the plea right before it is entered matters infinitely more than trying to fix it afterward through expunction.

Trap 3: The 364-Day Sentence — One Day Can Mean Everything

Under federal immigration law, a sentence of one year or more — even if entirely suspended, with no actual prison time — can trigger “aggravated felony” status for an offense that involves a “crime of violence” or theft. An aggravated felony conviction results in mandatory detention, bars to virtually all forms of relief from removal, and permanent inadmissibility. A sentence of 364 days does not trigger this status.

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One day is the difference between a person staying in the United States and being permanently deported. Defense attorneys in crimmigration cases negotiate around this threshold explicitly — but only if they know to ask.

The Two Categories That Drive Most Immigration Consequences

Crimes Involving Moral Turpitude (CIMT)

A CIMT is an offense the immigration courts have determined to be inherently base, vile, or depraved — essentially, a crime that reflects a fundamental disrespect for society’s moral values. There is no statutory list; courts make the determination on a crime-by-crime basis. A single CIMT can make a non-citizen deportable if it was committed within five years of admission and resulted in a sentence of one year or more. Two CIMTs can make a person deportable regardless of when they occurred or what sentence was imposed.

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Common examples include: theft, fraud, most assault charges involving intent to cause serious bodily injury, most sex offenses, and drug offenses (in many circuits).

Aggravated Felonies — Immigration Law’s Most Punishing Category

The term “aggravated felony” in immigration law has nothing to do with whether the crime is a felony or whether it is aggravated under state or federal criminal law. It is a specific list of 21 offense categories in 8 U.S.C. § 1101(a)(43) — a list that Congress has expanded repeatedly over the decades. A Texas misdemeanor can be an aggravated felony under immigration law. An offense that drew a small fine and no jail time can be an aggravated felony if it falls within the statutory categories.

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An aggravated felony conviction triggers: mandatory immigration detention without bond, permanent bar to cancellation of removal, permanent bar to most other forms of relief, and permanent inadmissibility to the United States. There is almost no way back from an aggravated felony conviction in the immigration system.

Padilla v. Kentucky: Your Constitutional Right to Crimmigration Advice

Padilla v. Kentucky, 559 U.S. 356 (2010) · U.S. Supreme Court

“The severity of deportation — the equivalent of banishment or exile — only underscores how critical it is for counsel to inform their non-citizen clients about deportation consequences.”

In Padilla, the Supreme Court held that criminal defense attorneys are constitutionally required — under the Sixth Amendment — to advise non-citizen clients of the immigration consequences of a guilty plea before it is entered. Failure to provide this advice, or providing incorrect advice, constitutes ineffective assistance of counsel and can be grounds to vacate the conviction.

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What Padilla means practically: your defense attorney must ask about your immigration status. They must analyze whether the proposed plea will result in deportation. And they must advise you specifically about those consequences before you enter any plea. An attorney who says “I don’t handle immigration, just plead” is providing constitutionally deficient representation.

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If you have already entered a plea without proper immigration advice, Padilla may provide a path to vacating that conviction through a writ of habeas corpus — though the process is complex and time-sensitive.

How Immigration Status Affects Crimmigration Exposure

The same conviction can have dramatically different immigration consequences depending on your current status:

• Green card holders: Can be deported for aggravated felonies, CIMTs, drug offenses, firearms offenses, and domestic violence convictions. Long-term residency does not prevent deportation for aggravated felonies — mandatory removal applies regardless of how long you’ve lived here.
• Visa holders (H-1B, F-1, L-1): A conviction can void visa status and create unlawful presence, triggering removal grounds independent of the offense.
• DACA recipients: Any felony or “significant misdemeanor” — including most drug offenses, DWI, domestic violence, and others — disqualifies from DACA renewal and may trigger removal.
• Asylum seekers / TPS holders: A “particularly serious crime” conviction bars asylum. An aggravated felony is automatically a particularly serious crime. TPS can be revoked for two or more misdemeanor convictions or any felony.
• Naturalization applicants: Criminal history — including arrests without conviction — is reviewed. A conviction can permanently bar citizenship under the “good moral character” requirement.

What a Crimmigration-Informed Defense Looks Like

A defense attorney who understands crimmigration doesn’t just negotiate the best criminal outcome — they structure every negotiation around the immigration consequences as well. This means:

• Analyzing every proposed plea not just for criminal penalties but for CIMT classification, aggravated felony status, and mandatory minimum sentencing thresholds
• Seeking alternative offense pleas that carry identical or similar criminal consequences but dramatically different immigration consequences
• Negotiating sentence lengths explicitly around the 364-day threshold when relevant
• Coordinating with immigration counsel when a client has pending applications before USCIS
• Pursuing dismissal aggressively before any plea discussion — a dismissed case has no immigration consequence

For non-citizens, the criminal case and the immigration case are the same case.

Every decision made at the Harris County courthouse has a direct counterpart in the immigration system. An attorney who treats them as separate cases — or who doesn’t understand immigration law well enough to analyze the consequences — is leaving half of your case undefended.

Houston’s Position at the Center of Crimmigration

Houston is home to one of the largest immigrant populations in the United States. The Southern District of Texas is one of the country’s most active federal districts for immigration enforcement. ICE’s Houston Field Office covers an enormous territory. And Harris County’s courts process thousands of criminal cases every year involving non-citizens whose immigration status is directly at stake.

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If you are not a U.S. citizen and you have been charged with any criminal offense in Houston — misdemeanor or felony, state or federal — crimmigration analysis is not optional. It is the difference between understanding your actual situation and walking into a plea negotiation blind.