Immigration is a very tricky legal issue, especially in today’s political climate. While people who live in the United States but are not citizens may enjoy many of the same legal protections as American citizens, those illegally present in the country may face unpleasant consequences if they are charged with a crime.

If you are arrested and charged with a crime, but you are not a U.S. citizen, you may still take advantage of the numerous legal rights and protections that any other criminal defendant in the U.S. would have. You have the right to a lawyer, a jury of your peers, due process, and all other rights of a criminal defendant. However, immigrants who are unlawfully present or undocumented may face consequences at the federal level. Specifically, they may be detained by ICE and possibly deported.

To get a free, private legal review, contact our Philadelphia criminal defense lawyers at the Liberty Law Team by calling (215) 826-3314.

How a Defendant’s Immigration Status May Affect a Criminal Case

A criminal defendant’s immigration status should not impact their criminal trial. They are still entitled to due process and have all the same rights as an American defendant. However, immigrants charged with crimes, especially if they are undocumented, may face consequences from ICE.

Defendant’s Rights

Defendants who are immigrants without U.S. citizenship have the same rights as all other criminal defendants. This includes, but is not limited to, the right to a speedy trial, due process, legal representation, bail hearings, and a jury.

If you are an immigrant, you do not lose these rights, even if you are undocumented. Many immigrant defendants who do not speak English may request interpreters to help them participate in their own defense.

Immigration Status and Criminal Charges

Your immigration status should not affect how you are charged. If your alleged offense constitutes a Class C misdemeanor, prosecutors cannot enhance the charges to something more serious just because you are an immigrant.

Many immigrant defendants are afraid that they will be further penalized if they are undocumented. While being an undocumented immigrant is not exactly legal, it is a federal matter that is not heard in a Philadelphia criminal court.

How Immigration Status May Affect the Verdict

A defendant’s immigration status should not affect the verdict in a criminal case. A jury may not consider the defendant’s immigration status as a factor when deciding guilt. If the jury is believed to have found a defendant guilty because the defendant is an immigrant, the defendant should appeal the verdict immediately.

Depending on your situation, it may be possible to prevent prosecutors from even bringing up your immigration status in court. Such information could be unfairly prejudicial, and our Montgomery County, PA criminal defense lawyers may file a pretrial motion to keep that information out of the courtroom.

What Happens if a Non-Citizen is Convicted of a Crime?

If someone who is not a U.S. citizen is convicted of a crime, the potential penalties will not change because of their immigration status. However, immigrants convicted of certain crimes may be eligible for deportation, and federal authorities may become involved.

Possible Deportation

Many immigrants may be deported for various reasons, whether they are lawfully present or not. One of the most common reasons for deportation is criminal behavior.

Under federal law, immigrants who are convicted of aggravated felonies (e.g., murder, rape, trafficking drugs), crimes of moral turpitude (e.g., fraud, theft, acts of intentional harm), crimes related to controlled substances, and other similar offenses may be eligible for deportation.

Involvement from ICE

Generally, a criminal defendant who is an immigrant should not be eligible for deportation based on criminal behavior until they are convicted. However, this is not always how things work, especially as immigration has become an increasingly debated political topic.

ICE may try to get involved with your case after you are arrested but before you are convicted. Today, ICE often detains immigrants simply for being accused of a crime and does not wait for a conviction. In fact, many immigrants who are being deported today have no criminal convictions.

Standard Criminal Penalties

Immigrants who are naturalized citizens may not be deported, but they will have to face standard sentencing and penalties if they are convicted of a crime. Again, your immigration status should not affect the verdict or penalties.

Even if you are not a naturalized citizen, but your arrest and conviction do not lead to deportation proceedings, you will have to face criminal sentencing.

FAQs About How Immigration Status May Affect a Criminal Case in Philadelphia

What Rights Do Criminal Defendants Who Are Immigrants Have?

Criminal defendants who are immigrants have all the same rights as defendants who were born in the United States. This includes the right to due process, a speedy trial, legal representation, protection from unreasonable searches and seizures, and more.

Can a Person Be Deported in the Middle of a Criminal Trial?

Possibly. Philadelphia criminal courts do not handle immigration matters, and the court will not decide whether a defendant should be deported. However, it is possible that federal authorities, such as ICE, will try to intervene in your case.

Can a Defendant Be Deported if They Are Found Not Guilty?

Maybe. In the past, non-U.S. citizens could be deported if found guilty of certain crimes. Today, things have changed, and many people being deported have no criminal convictions on their records. This means that even if you are found not guilty, federal authorities may still seek to deport you, and you may need an immigration lawyer.

Will a Jury Be Informed of a Criminal Defendant’s Immigrant Status?

If prosecutors believe that a defendant’s immigration status is somehow highly relevant to the case, they may want to inform the jury. However, this is often not the case, and your defense lawyer may file a pretrial motion with the court to prevent the prosecutor from presenting any information or evidence about your immigration status if you believe it will be unfairly prejudicial.

What Should You Do if the Jury Finds You Guilty Based on Your Immigration Status?

If you believe that the jury in your criminal trial found you guilty because of your immigration status, ask your attorney to help you file an appeal immediately. Juries may not render a verdict based on things like immigration status, race, gender, or other discriminatory factors.

Request Help Now from Our Philadelphia Criminal Defense Lawyers

To get a free, private legal review, contact our Delaware County, PA criminal defense lawyers at the Liberty Law Team by calling (215) 826-3314.