Wichita Bail Bonds Blog

Going to jail does not automatically mean you will be deported, but it can increase your risk if you are not a U.S. citizen. Immigration authorities review criminal convictions to determine if someone can be removed from the country. The type of crime, your immigration status, and prior history all play a role in whether deportation proceedings begin after you serve time.

Who Is at Risk of Deportation?

Immigration status is key when it comes to deportation.

• Undocumented immigrants – More likely to face deportation after any arrest or jail time
• Visa holders – Can be removed for violating criminal laws or visa conditions
• Green card holders (lawful permanent residents) – Can be deported for certain types of serious or repeated crimes

Types of Crimes That Can Lead to Deportation

Some criminal convictions are classified as “deportable offenses” under immigration law.

• Aggravated felonies – Such as murder, rape, drug trafficking, or weapons offenses
• Crimes of moral turpitude – Like fraud, theft, or assault with intent to harm
• Drug offenses – Even small possession charges can trigger removal in some cases
• Domestic violence or child abuse
• Multiple convictions – Two or more offenses with a total sentence of 5 years or more

When Deportation May Happen

Immigration and Customs Enforcement (ICE) often places a “detainer” on inmates who are not citizens.

• ICE may take custody of you after your jail sentence ends
• You may be transferred to immigration detention
• Removal proceedings can begin while you are still in custody or shortly after release

Being arrested doesn’t always lead to deportation, but a conviction for a removable offense makes it far more likely.

Can You Fight Deportation?

Yes. You may be able to avoid deportation through legal defenses such as,

• Cancellation of removal
• Asylum or withholding of removal
• U visas or T visas for victims of crimes or trafficking
• Adjustment of status if married to a U.S. citizen

An immigration attorney can help you determine your options based on your record and status.

Going to jail doesn’t automatically mean deportation, but it can trigger removal proceedings if you are not a citizen. Certain crimes, especially felonies, drug offenses, and repeated violations, carry a high risk of deportation after jail. If you’re concerned about your immigration status and criminal charges, it’s critical to speak with both a criminal and immigration attorney as early as possible.