For non-citizens, domestic violence charges can trigger immigration holds. The consequences can include deportation, family separation, and losing the life you’ve worked so hard to build.
If you’re here, you’re likely searching for answers—or a way forward.
Unfortunately, the legal process for those facing this serious immigration issue often feels confusing and unfair.
Our domestic violence lawyers witnessed firsthand the devastating impact these holds can have on non-citizens. We aim to clarify why these charges can lead to an immigration hold, what it could mean for you or your loved ones, and how a criminal defense lawyer who handles cases involving immigrants (sometimes called a crimmigration lawyer) can help navigate this challenging situation.
What Is an Immigration Hold?
An immigration hold, also called an ICE detainer, is a request from Immigration and Customs Enforcement (ICE) to local law enforcement to detain a person. This often affects individuals who ICE believes are not U.S. citizens and who may face deportation.
How Immigration Holds Happen
Common scenarios typically trigger ICE holds for non-citizens, such as:
- Arrests for Criminal Offenses: If a non-citizen is arrested for charges like domestic violence, their information may be shared with ICE during routine booking procedures.
- Traffic Stops or Minor Offenses: Even minor encounters with law enforcement can lead to an ICE detainer if an officer suspects the individual may lack proper immigration status.
- Pending Release from Jail: If a person has served their time or qualifies for bail, law enforcement may still hold them at the request of ICE instead of releasing them.
When ICE issues a detainer, they ask local law enforcement to hold the individual for up to 48 hours, not including weekends or holidays, beyond their scheduled release. This allows ICE to take custody and decide whether to begin deportation proceedings.
Why Immigration Holds Happen
Immigration holds exist due to federal laws that enable ICE to work closely with local law enforcement.
For example, under the Secure Communities Program, local law enforcement automatically shares fingerprints taken during an arrest with ICE to check against immigration databases. If ICE believes the person is deportable, they issue a detainer.
ICE can issue immigration holds even when the person is lawfully present but accused of a deportable offense. This adds an extra layer of complexity to domestic violence charges for non-citizens.
Understanding immigration holds can feel overwhelming for those unfamiliar with the U.S. criminal justice system.
The solution to fighting back? Partner with experienced criminal immigration lawyers who can advocate for your rights.
Can ICE Deport You for Domestic Violence?
Domestic violence charges can lead to deportation for non-citizens, even if the charges seem minor at first glance. Immigration law takes domestic violence cases seriously, often tying them to broader legal classifications that can result in removal.
A crimmigration lawyer understands how these charges intersect with U.S. law and can protect your immigration and criminal status.
Key Reasons Domestic Violence Charges May Lead to Deportation
Domestic violence-related charges can trigger deportation in several ways, including:
- Crimes of Moral Turpitude (CMTs): Domestic violence offenses often fall under the category of crimes of moral turpitude. CMTs involve behavior such as fraud, dishonesty, or causing harm to another person. For domestic violence, actions such as physical assault, threats, or aggravated conduct could result in this classification—even for misdemeanor charges.
- Aggravated Felonies: Some domestic violence charges may be treated as aggravated felonies. This designation comes with harsh consequences under immigration law. Even misdemeanors can qualify as aggravated felonies, depending on the circumstances.
- Length of Sentence: Federal immigration law includes provisions where a sentence of one year or more—even if suspended—can prompt deportation proceedings. Even if your case doesn’t seem severe, the length of your sentence may greatly influence your chances of staying in the U.S.
Taking action now can make a difference. Speak with a legal professional who can guide you through these challenges and help protect your future in the United States of America.
Why Even Misdemeanors Can Have Serious Immigration Consequences.
One common misconception is that misdemeanor charges can’t cause immigration problems. Unfortunately, this is far from the truth. U.S. immigration law often does not distinguish between misdemeanors and felonies when determining deportability for domestic violence cases.
Reasons why even misdemeanor charges can have serious consequences for non-citizens include:
- They are frequently classified as crimes of moral turpitude.
- They may activate immigration holds, leading to detainment and deportation proceedings.
- They can permanently affect visa or immigration applications in the future.
For instance, Florida’s domestic violence laws align with federal statutes that treat these offenses seriously, regardless of their classification. This overlap creates a high-risk environment for non-citizens facing even minor charges.
How Domestic Violence Charges and ICE Holds Affect Immigration Status
Domestic violence charges can have serious consequences for non-citizens, affecting both your immigration status and your ability to remain in the U.S.
Furthermore, the intersection of immigration and criminal law makes these cases especially complicated. Even charges that seem minor can result in harsh penalties under immigration law.
The Challenges of Domestic Violence and Immigration
Immigrants may find these charges particularly complex for many reasons, including:
- Overlap of Criminal and Immigration Laws. Both state and federal laws govern domestic violence offenses. What might seem less severe under state law could trigger severe consequences under immigration law, such as a crime of moral turpitude or an aggravated felony.
- Interpretation of Charges. Immigration officials focus on the specific details of a charge, including intent and circumstances. These gray areas can make even misdemeanor charges dangerous, as ICE could reinterpret them using federal immigration standards.
- Secure Communities and ICE Collaboration. Through programs like the Secure Communities Program, local law enforcement shares fingerprints and arrest records with Immigration and Customs Enforcement (ICE), often leading to an ICE hold for non-citizens.
- Ever-Changing Regulations. Immigration laws in the U.S. constantly evolve, with recent administrations enforcing stricter measures to curb illegal immigration—policies that often create unpredictable risks for non-citizens, especially those facing criminal charges like domestic violence.
You don’t have to navigate the overwhelming intersection of criminal and immigration laws alone. Contact an experienced immigration holds attorney who can help you confront these challenges and protect your rights.
How Domestic Violence Charges Impact Immigration Status
A domestic violence charge may have specific consequences depending on your immigration status:
- Green Card Holders: Convictions can result in the loss of lawful permanent resident status. Even if deportation doesn’t happen immediately, a conviction could make it harder to renew your green card or adjust your status later.
- Visa Holders: Criminal charges could lead to visa revocation or denial of future visa applications. This applies to all visas, whether temporary or employment-based.
- Citizenship Applicants: A criminal record, particularly for crimes classified as aggravated felonies or crimes of moral turpitude, can disqualify you from naturalization. This could disqualify your application for U.S. citizenship.
- Other Immigration Relief: Non-citizen arrests for domestic violence could disqualify you from benefits like asylum or adjustment of status. It may also disqualify you from other forms of immigration relief.
Even if the government reduces or dismisses the charges, they may still leave a mark on your immigration record. Immigration officials often rely on arrest and charge records when making decisions, which means any link to domestic violence can complicate future applications or reviews.
Don’t let a single charge define your future. An immigration attorney can help you approach these cases strategically and carefully, factoring in criminal and immigration law to best protect your interests.
How Can a Criminal Defense Lawyer Help with an Immigration Hold for Domestic Violence?
The complexities of both criminal and immigration laws make these cases extremely challenging to handle.
This is where the benefits of a criminal defense lawyer comes in—they can guide you through difficult legal processes and fight to protect your rights.
To help in these complicated situations they may:
- Challenge the Immigration Hold. Criminal defense immigration attorneys can review the immigration hold placed on you to see if ICE issued it lawfully. If they present weak or flawed evidence to support the hold, they can argue for the court to lift it. This could prevent deportation proceedings from moving forward or buy you more time to address the charges.
- Build Strong Defense Strategies. A criminal lawyer can identify potential vulnerabilities in the case against you. They’ll gather evidence, question witness credibility, and challenge how ICE brought the charges. This can help if ICE bases the charges on misunderstandings, false reports, or exaggerated claims.
- Work to Reduce or Dismiss Charges. If dismissal of charges isn’t possible, a crimmigration lawyer can negotiate for lesser charges that don’t trigger severe immigration penalties. For example, the government may reclassify some charges to avoid being labeled as an aggravated felony or a crime of moral turpitude, which can especially hurt your immigration status.
- Address Complex Immigration Laws. U.S. immigration laws can be tough to understand, especially when they intersect with criminal charges. A knowledgeable lawyer will explain how the charges affect your immigration status under current laws. They can also guide you on options like applying for waivers or seeking other forms of relief.
- Explore Immigration Relief Options. Depending on your circumstances, your crimmigration lawyer may protect your immigration status while addressing the charges. A court may consider cancellation of removal or adjustment of status when available, but qualifying for these requires navigating strict legal requirements.
- Support You Through the Legal Process. Beyond offering legal advice, a lawyer advocates for you through every step. They’ll reduce the stress of attending court hearings, dealing with ICE, and understanding your rights. Having this support can make all the difference when facing such serious challenges.
Domestic violence charges and an immigration hold can feel impossible to handle alone. With the right defense lawyer, you can push back against the charges, protect your status, and safeguard the life you’ve built.
What To Do If an Immigration Hold Is Issued
Anyone facing an ICE hold can feel hopeless. However, taking the right steps immediately can help manage the situation.
Here’s what to focus on if you or someone you care about is affected:
- Contact a Lawyer Immediately. The first step in handling an immigration hold is to seek legal help. A lawyer experienced in criminal and immigration law can assess the situation, explain the risks, and create a plan to address the hold. Acting quickly ensures your case gets the attention it needs from the start.
- Avoid Talking About the Case. Don’t discuss details of your charges or immigration status with law enforcement, ICE, or anyone else until you’ve spoken with your lawyer. Anything you say they can use against you, even if it feels harmless. It’s safest to remain calm, polite, and silent.
- Inform Family or Trusted Contacts. Notify someone you trust about what’s happening. Provide them with important details like your full name, the location of your hold, and the contact information for your lawyer. They might gather additional documents or coordinate with your attorney.
- Gather Essential Documents. Work with your lawyer or a trusted contact to collect key records. These might include copies of your immigration paperwork (like your green card or visa), court documents, police reports, and personal identification. These items can build a strong defense.
- Learn Your Rights. You still have rights—even under an immigration hold. For example, ICE must provide notice of your detainer, and non-citizens arrested and held still have certain rights to obtaining legal counsel. A legal professional can explain your protections and assert them.
- Stay Calm and Focus on the Process. While this situation is incredibly stressful, focus on the steps ahead. With the right legal strategy, you may challenge the detainer, reduce charges, or apply for relief to avoid deportation. Trust in your lawyer's guidance and the approach they outline for your case.
By taking these actions immediately, you can stabilize your situation and take control of the challenges ahead. Every moment counts, so act quickly to protect your rights and your future.
Facing A Hold For Immigration On Domestic Violence Charges? Contact The Rossen Law Firm For Experienced Legal Support
An ICE hold for non-citizens creates some of the most difficult legal challenges anyone can face. With the potential for deportation, family separation, and denial of visas, it is hard to know where to turn or how to protect your future.
The team at The Rossen Law Firm is committed to helping individuals and families tackle these serious legal issues. With a deep understanding of criminal and immigration law, we can help craft defense strategies tailored to your unique situation. From challenging the charges to addressing the immigration hold, we always strive to provide clarity, support, and a path forward.
If you struggle to determine your next step, you don’t have to face this alone. Consult our experienced domestic violence lawyers online or at (754) 206-6200 to take the first step toward protecting your rights, status, and future.