Wichita Bail Bonds Blog

Yes, you can get deported after being in jail, especially if you are not a U.S. citizen or lawful permanent resident. When someone is arrested and serves time for certain crimes, immigration authorities may start removal (deportation) proceedings. The outcome depends on your legal status, the type of crime, and the immigration laws that apply to your case.

Immigration Hold or ICE Detainer

After you’re arrested or finish your jail sentence, Immigration and Customs Enforcement (ICE) may place an immigration hold, also called a detainer, on you. This means that instead of being released, you’ll be transferred into ICE custody for immigration review.

• ICE officers review criminal records to determine deportation eligibility.
• You may be moved to an immigration detention center after release from jail.
• This process can happen even for minor offenses if your legal status is uncertain.

Crimes That Can Lead to Deportation

Not every criminal offense results in deportation, but certain crimes automatically trigger removal proceedings. Common deportable offenses include,

• Drug-related crimes (possession, trafficking, or distribution)
• Violent crimes (assault, robbery, homicide)
• Fraud or theft involving moral turpitude
• Domestic violence or child endangerment
• Weapons offenses or gang-related activity

Even legal permanent residents (green card holders) can face deportation if convicted of these crimes.

What Happens After Jail Release

Once you’ve served your time, ICE reviews your case to decide if deportation should proceed. You’ll typically have an immigration court hearing where a judge determines whether you should be removed or allowed to stay in the U.S.

• ICE custody – You may be detained while waiting for your court hearing.
• Bond eligibility – In some cases, you can pay an immigration bond for release.
• Hearing outcome – The judge decides whether deportation will occur or be canceled.

Defenses Against Deportation

If you face removal, your immigration attorney can request relief options such as,

• Cancellation of removal for long-term residents
• Asylum or withholding of removal for those fearing persecution
• Waivers for certain criminal convictions
• Adjustment of status if you qualify for a green card through family or employment

These defenses depend on your record, immigration history, and the type of crime committed.

After Deportation

If deported, returning to the U.S. without legal permission is a serious federal offense and can lead to prison time. Some individuals may face a permanent ban depending on the severity of their conviction.