The United States federal government has exclusive authority over immigration law, meaning that most immigration-related criminal prosecutions occur in federal court.

While many immigration violations are civil matters handled in immigration court, certain violations constitute federal crimes, exposing non-citizens to imprisonment, removal, and permanent bars from the United States.

Immigration crime cases are uniquely dangerous because they often involve parallel proceedings—a criminal prosecution in federal court and removal proceedings in immigration court. A conviction can permanently alter a person's ability to live, work, or remain in the United States.

If you are under investigation or charged with a federal immigration offense, immediate legal representation is critical.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

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When Does an Immigration Violation Become a Federal Crime?

Not every immigration violation is criminal. However, criminal immigration offenses arise when a person:

• Violates federal immigration statutes

• Commits fraud to obtain immigration benefits

• Reenters the United States after removal

• Makes false claims to U.S. citizenship

• Assists others in violating immigration laws

When these violations occur, prosecution takes place in federal court, not state court.

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Inadmissibility vs. Deportability Under Federal Law

Federal immigration law distinguishes between inadmissibility and deportability, both defined under Title 8 of the U.S. Code.

Key Federal Statutes

• 8 U.S.C. § 1182 – Inadmissible aliens

• 8 U.S.C. § 1227 – Deportable aliens

What Does “Deportable” Mean?

A person who is deportable may be removed from the United States and sent back to their country of origin.

What Does “Inadmissible” Mean?

A person deemed inadmissible:

• Cannot re-enter the United States

• Cannot obtain lawful permanent residence

• Cannot adjust immigration status

• Cannot become a U.S. citizen

Inadmissibility can apply even without a criminal conviction in some cases.

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Immigration Law Violations That Can Trigger Removal Proceedings

Certain immigration violations alone are sufficient to initiate deportation or inadmissibility proceedings.

Common Examples Include:

• Illegal entry into the United States (8 U.S.C. § 1325)

• Entry using an improper visa or violating visa conditions

• Entry after prior removal

• Immigration fraud, including false statements or documents

• Assisting others in violating immigration laws

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Marriage Fraud and Federal Immigration Crimes

One of the most aggressively prosecuted immigration crimes is marriage fraud.

Marriage fraud occurs when a non-citizen enters into a sham or fraudulent marriage to evade immigration laws and obtain lawful status.

Federal Penalty for Marriage Fraud

Under 8 U.S.C. § 1325(c), marriage fraud is punishable by:

• Up to 5 years in federal prison

• Significant fines

• Permanent immigration consequences

Federal authorities routinely investigate suspected marriage fraud through interviews, surveillance, and document reviews.

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Other Federal Immigration Crimes

Federal law criminalizes numerous immigration-related offenses, including:

• 18 U.S.C. § 1427 – Sale of naturalization or citizenship papers

• 18 U.S.C. § 911 – False claim of U.S. citizenship

• 8 U.S.C. § 1326 – Reentry after deportation

These offenses carry severe penalties and often result in mandatory removal following conviction.

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California Criminal Convictions That Trigger Deportation

A non-citizen does not need to commit an immigration-specific offense to face removal. Certain California criminal convictions automatically jeopardize immigration status.

Deportable Crimes Include:

Crimes of Moral Turpitude

Offenses involving fraud, dishonesty, or morally reprehensible conduct, such as:

• Grand theft

• Burglary

• Forgery

• DUI with aggravating factors

Aggravated Felonies

Serious offenses, including:

• Murder

• Rape

• Sexual abuse of a minor

• Major fraud offenses

• Prostitution-related crimes

Controlled Substance Offenses

• Sale or transportation of drugs

• Possession of controlled substances

• Possession while armed

Firearms Offenses

• Illegal possession or sale of firearms

• Firearms conspiracy charges

Domestic Violence-Related Crimes

• Domestic battery

• Child abuse or neglect

• Stalking

• Violation of protective orders

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Crimes That Lead to Inadmissibility

Crimes that render a person inadmissible are similar but broader than deportable crimes.

Key Differences Between Deportability and Inadmissibility

• Conviction requirement: Deportability requires a conviction; inadmissibility may apply based on an admission alone

• Severity threshold: Deportability often requires multiple convictions or enhanced penalties; inadmissibility does not

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Conduct-Based Grounds for Removal or Inadmissibility

A formal criminal conviction is not always required.

Immigration authorities may rely on conduct-based grounds, including:

• Prostitution-related conduct

• Human or sex trafficking

• Drug trafficking

• Drug addiction

A court may find inadmissibility or deportability if there is a reasonable belief of involvement, even without a conviction.

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What Happens During Removal Proceedings?

Removal proceedings take place before an immigration judge.

A Removal Hearing Includes:

• Presentation of evidence by the government

• Cross-examination of witnesses

• Legal arguments by defense counsel

• Requests for relief from removal

Your attorney's ability to challenge evidence and protect your rights is often decisive.

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Defending Federal Immigration Crimes

Immigration crime cases require attorneys who understand both criminal defense and immigration law. Strategic defenses may include:

• Challenging the legality of searches or arrests

• Suppressing unlawfully obtained evidence

• Contesting intent or knowledge

• Negotiating immigration-safe resolutions

• Seeking relief from removal

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Speak With a Federal Immigration Crimes Defense Lawyer

Federal immigration cases move quickly, and early mistakes can have irreversible consequences. Immediate legal representation may allow counsel to intervene before charges escalate or removal proceedings become unavoidable.

Our law firmrepresents clients nationwide in federal immigration crime cases and removal-related criminal matters.

📞 Contact Eisner Gorin LLP today at 818-781-1570 for confidential, strategic defense representation. Our law firm is based in Los Angeles. 

Related Content:

• International Prisoner Transfer Program (IPTP)
• Marriage Fraud