Immigration Consequences
When someone with undocumented or unlawful immigration status is charged with a criminal offense in Pennsylvania, immigration consequences can go beyond the criminal court system. Sometimes the filing of criminal charges for undocumented immigrants can trigger involvement from ICE (Immigration and Customs Enforcement), increasing the risk of removal from the United States.
When Does ICE get Involved?
When someone who does not have lawful immigration status is arrested, booked into jail, or formally charged with a crime, U.S. Immigration and Customs Enforcement (ICE) may be notified. This can happen automatically during the jail intake process, through fingerprint databases, or via information-sharing systems that connect local law enforcement with federal immigration authorities.
Once ICE becomes aware of the arrest, agents may issue an immigration detainer or take steps to locate the individual. This can lead to ICE custody and the start of deportation or removal proceedings.
Because ICE’s job is to identify and remove individuals who are unlawfully present in the United States, even minor criminal charges can trigger serious and immediate immigration consequences. What may seem like a small offense in criminal court can quickly turn into a much larger immigration issue with long-term effects on a person’s future.
Why’s it is Important to be Represented by an Immigration Lawyer and Criminal Defense Attorney
A criminal defense attorney focuses on fighting the criminal case itself. This includes challenging the charges, seeking dismissal or reductions, suppressing evidence when possible, and pursuing resolutions that limit penalties and long-term consequences.
An immigration attorney looks at how the criminal case may affect a person’s immigration status. Their role is to help protect against detention or deportation and to explore available options, such as requesting bond, challenging ICE custody, or seeking forms of immigration relief that may still be available.
Handling the criminal case without considering immigration consequences—or vice versa—can unintentionally make the situation worse. Coordinated strategy between criminal and immigration counsel is often essential to protecting both a person’s freedom and their future in the United States.
Attorney William Burrows Role and Recommendation
While SKA Law Group is not an immigration law firm, we regularly advise clients on how criminal charges may impact their immigration status. Anyone facing criminal charges who also has immigration concerns is strongly encouraged to consult with a qualified immigration attorney as early as possible.
Attorney William Burrows and the attorneys at SKA Law Group understand the serious intersection between criminal law and immigration enforcement, including the potential involvement of ICE. Our firm approaches every criminal case with an awareness of the possible immigration consequences and works to ensure that defense strategies are pursued carefully and strategically to avoid unnecessary risk.
FAQs: Immigration Consequences of Criminal Charges in Delaware County
Can criminal charges lead to immigration consequences in Delaware County?
Yes. If someone without lawful immigration status is charged with a crime in Delaware County, the consequences can extend beyond criminal court. An arrest or criminal charge may increase the risk of ICE involvement and possible removal (deportation) proceedings.
Can ICE get involved even if the charge is minor?
Yes. Even minor criminal charges can trigger serious immigration consequences for undocumented immigrants. What may seem like a low-level offense in Delaware County criminal court can still lead to ICE attention, detention, or removal proceedings.
When does ICE get involved after an arrest in Delaware County?
ICE may become involved when someone is arrested, booked into jail, or formally charged. In many cases, ICE is notified through the intake process, fingerprinting systems, or information-sharing databases that connect local law enforcement with federal immigration authorities.
Can ICE issue a detainer after someone is arrested in Delaware County?
Yes. If ICE becomes aware of an arrest, ICE may issue an immigration detainer or take steps to locate the individual. This can increase the risk of ICE custody after release from local custody and may start the removal process.
What is an immigration detainer?
An immigration detainer is a request from ICE asking local authorities to hold an individual or notify ICE before release. Detainers can affect whether someone is released from custody and may lead to transfer into ICE detention.
Can someone be deported just for being charged with a crime?
A criminal charge alone does not automatically mean someone will be deported, but it can trigger ICE involvement and removal proceedings. The immigration risk depends on the person’s status, criminal history, and the type of charge.
Why is it important to have both a criminal defense lawyer and an immigration attorney?
Because criminal cases and immigration consequences overlap. A criminal defense attorney focuses on fighting the charges, while an immigration attorney evaluates how the case may affect immigration status and options. Coordinated legal strategy can help avoid outcomes that may increase deportation risk.
What can happen if a criminal case is handled without considering immigration consequences?
If immigration consequences are not considered, someone may accept a plea or resolution that seems “good” in criminal court but causes major immigration problems later—such as ICE detention, loss of eligibility for relief, or removal proceedings.
What does a criminal defense attorney do in a Delaware County case involving immigration concerns?
A Delaware County criminal defense attorney may challenge the charges, seek dismissal or reduction, file motions to suppress evidence when appropriate, and work toward an outcome that minimizes long-term consequences—including potential immigration risks.
What does an immigration attorney do after an arrest in Delaware County?
An immigration attorney may help assess deportation risk, respond to ICE custody issues, request bond when available, and explore possible immigration relief depending on the person’s situation.
Should someone with immigration concerns speak to a lawyer immediately after arrest?
Yes. Timing matters. ICE involvement can happen quickly after booking or charging. Speaking to both a criminal defense attorney and an immigration attorney early can help protect a person’s rights and reduce long-term risk.
Can SKA Law Group help with cases involving immigration concerns?
SKA Law Group is not an immigration law firm, but Attorney William Burrows and the team regularly advise clients on how criminal charges may impact immigration status. Clients with immigration concerns are strongly encouraged to consult with a qualified immigration attorney as early as possible.