Can Non-Citizens Be Deported for Criminal Charges in North Carolina?

Being charged with a crime is serious for anyone, but it can carry especially harsh consequences for non-citizens. In North Carolina and across the U.S., a criminal charge can lead to jail time or fines and deportation.

This reality has become even more urgent due to current immigration policies. If you are not a U.S. citizen and are facing criminal charges, it’s crucial to understand your rights, risks, and how a criminal defense lawyer can help protect your future.

Non-Citizens Can Be Deported for Some Offenses

Deportation means being removed from the United States and sent back to your home country. Under U.S. immigration law, non-citizens—including lawful permanent residents (green card holders), visa holders, and undocumented immigrants—can be deported if they are convicted of certain crimes.

Some of the most common criminal grounds for deportation include:

• Drug offenses
• Violent crimes like domestic assault
• Theft

Crimes involving what the law calls “moral turpitude” can also be grounds for deportation. These are offenses that suggest dishonesty or poor moral judgment, such as fraud or robbery. Aggravated felonies, which can include serious crimes like sexual assault or drug trafficking, almost always result in removal from the country.

Can You Be Deported for a Misdemeanor Charge?

Even relatively minor offenses can cause problems. A misdemeanor in state court might not seem like a big deal, but it could still trigger deportation proceedings depending on the circumstances. The key point is that immigration law treats criminal charges differently than state law does—and even a charge without a conviction can cause trouble with U.S. Immigration and Customs Enforcement (ICE).

Strengthened Immigration Enforcement Across the U.S.

The federal government has expanded immigration enforcement in several ways. In the past, ICE often focused on deporting people who had been convicted of serious crimes. Now, the net has widened to include people who were arrested or charged, even if they had not been found guilty.

One of the most aggressive tools the administration is currently using is the Alien Enemies Act, a law dating back to 1798. This law allowed the federal government to detain and deport people from countries considered hostile to the U.S., including during times of conflict. Under Trump, the Department of Justice invoked this law to fast-track deportations of members of Tren de Aragua, a Venezuelan prison gang.

In North Carolina, these policies had a noticeable impact. Local news reports have highlighted several cases where immigrants were picked up by ICE and had felony charges against them.

Why Having a Criminal Defense Lawyer Matters

If you’re a non-citizen facing criminal charges, hiring a lawyer is one of the most important decisions you can make. Criminal defense attorneys who understand immigration law can help protect you from consequences that could affect your status in the U.S. forever.

One of the most valuable things a lawyer can do is negotiate a plea deal that reduces or avoids immigration problems. Some charges may be amended to lesser offenses that don’t carry the same risk of deportation. A good defense attorney can also spot mistakes in how the case was handled, challenge illegal searches or arrests, and build a strategy to keep you out of jail and in the country.

In cases where deportation proceedings have already started, an attorney can also represent you in immigration court. These cases are complex and move quickly, especially under policies designed to speed up removals. Having someone who knows the system can make the difference between being deported and staying in the U.S. legally.

What to Do If You’re Charged with a Crime

If you’re not a U.S. citizen and you’re you’re arrested or charged with a crime in North Carolina, it’s important to act quickly. First, tell your defense attorney about your immigration status right away.

Avoid speaking with immigration agents or signing any paperwork without a lawyer present. Some people are pressured into agreeing to voluntary deportation or admitting to crimes they didn’t commit. Don’t assume that a public defender will understand the immigration consequences of your case—ask for help from a lawyer with experience.

There may be ways to avoid deportation even after a conviction. For example, some non-citizens may qualify for relief such as asylum, cancellation of removal, or adjustment of status based on family ties, fear of persecution, or long-term residence in the U.S. These options are complicated, but a good lawyer can help you understand what’s available and how to apply.

Non-Citizen Facing Charges in NC? Call Randall & Stump Today

Criminal charges are frightening for anyone, but the stakes are even higher for non-citizens in North Carolina. A single mistake or misunderstanding can put your entire future in the U.S. at risk. That’s why it’s essential to know your rights and work with a lawyer who understands how criminal and immigration law intersect.

If you or a loved one is facing criminal charges and is not a U.S. citizen, don’t wait to get legal help. The sooner you act, the better your chances of protecting your immigration status and staying with your family and community.

Contact Randall & Stump or call (980) 237-4579 today for a free consultation.