by Dahiru Waziri
As an immigrant, having a criminal record places a person on very unstable ground. In a system that can be very unforgiving, even the smallest mistakes can have severe consequences. In this blog, we explore how an immigrant's criminal record can affect them in the future and some ways to handle a troubled past. However, before we begin, it is worth having a brief summary of the types of crimes and how they affect immigration applications.
Broadly speaking, crimes are divided into three categories; infractions, misdemeanors, and felonies. States generally have some differences in how they classify crimes, but in general, infractions are usually punished with fines and no jail time. Good examples of this would be traffic violations, disturbing the peace, and jaywalking. Misdemeanors are more serious crimes that can carry a jail sentence. Examples include driving under the influence and petty theft. Felonies are the most serious of the three, including crimes such as drug or weapons trafficking, robbery, assault, etc. It is also worth noting that criminal offenses are different from immigration offenses, such as pretending to be a US citizen or overstaying a visa.
Having a criminal record can affect different types of immigration applications, such as employment-based applications, family-based applications, and humanitarian applications. Much will depend on the type of application and the crime in question. In the context of immigration applications, infractions generally do not disqualify someone from immigration applications, although it is worth noting that repeated infractions or unpaid fines can make applying for certain visas more difficult. For example, when applying for naturalization, USCIS will require evidence of good moral character.[1] However, minor infractions, such as traffic violations or public nuisances, are unlikely to affect an application. More serious misdemeanors and felonies often prevent someone from demonstrating good moral character. Certain misdemeanors also prevent someone from applying for visas or other types of benefits. For example, crimes involving moral turpitude or aggravated misdemeanors can make someone inadmissible and even deportable in some cases.[2] For immigration purposes, someone convicted of such a crime may be denied a visa at a U.S. consulate abroad, as well as being denied admission to the United States at a port of entry.[3]Being denied Temporary Protected Status (TPS), being found in violation of a nonimmigrant visa status, or being placed in removal proceedings if they were paroled into the United States or entered without inspection.
What has changed?
In recent months, many lawmakers have focused on undocumented immigrants who have committed crimes. Since late 2024, when the Laken Riley Act was signed, immigration penalties for undocumented immigrants accused of crimes have become stricter.[4] With the new administration, this focus on undocumented migrants with criminal records has intensified. In January 2025, following his inauguration, President Donald Trump signed a plethora of new executive orders, many of which focused on immigration law enforcement. The Republican Party platform stated that Trump “the largest deportation program in the history of the United States will begin,”, included “the millions of illegal migrants whom Joe Biden has deliberately encouraged to invade our country” and will begin with the expulsion of “the most dangerous criminals and will work with the local police.According to Trump's newly appointed ‘border czar’, Tom Homan, “The new Trump administration will prioritize the deportation of unauthorized immigrants with a criminal background.Figures sent to Congress this autumn by Immigration and Customs Enforcement (ICE) show that there are 662,566 noncitizens with criminal convictions or pending charges, mostly for assault and drug offenses. Since taking office, there have been waves of arrests in the United States.[5] He has given directives to increase prosecutions and detentions of immigrants.[6] In particular , Executive Order 14159, titled “Protecting the American People Against Invasion,”, prioritize the deportation of immigrants who have been convicted of a crime or even accused of a crime.[7] Other executive orders were signed to expand ICE's capacity to unlawfully detain immigrants in the United States and to call for ICE to delegate its enforcement powers to state and local authorities.
What types of cases will be harder to present with a criminal record?
What all these additional measures and the increase in tensions will likely mean is that applicants with criminal records will probably face increased scrutiny in most applications. For example, applying for Lawful Permanent Residence (also known as a “green card”) requires the applicant to prove eligibility for cases such as naturalization applications. When applying for a green card, USCIS will require evidence of all past criminal convictions. Given the directives of the executive order, USCIS may examine applicants with criminal records more closely, making it more likely that they will be denied for minor convictions.
Apart from the threat of deportation, having misdemeanors and felonies will make it harder to apply for family-based applications and naturalization, which requires a demonstration of good moral character and looks back at your record. Other humanitarian applications, such as asylum applications, will also be more difficult with a criminal record.
How to handle applications with a criminal record
While executive orders and new legislation may be a source of concern, this does not mean that it will be impossible to petition for immigration applicants, even with the most minor offenses. For naturalization applicants, on its website, USCIS emphasizes that each application is decided on a case-by-case basis and USCIS will consider whether the crime committed affects the applicant's good moral character, as well as any mitigating circumstances.[8] Furthermore, USCIS also states that crimes committed outside the U.S. that were politically motivated will not affect an applicant's proof of good moral character.[9] In addition, now it will also be more important to gather as much documentation as possible regarding criminal history. Finally, it is important to obtain legal advice regarding the type of immigration application and whether criminal conduct can be waived despite the new set of policies targeting immigrants with criminal records.
In conclusion, while it will take some time to get a clearer picture of how the executive orders will be implemented, In recent months, it has been and will likely continue to be more difficult to submit successful applications with serious criminal convictions. While increased scrutiny of migrants with criminal records can be concerning, it does not mean the end. USCIS will still consider the details of each case and will not deny an application for every crime—no matter how minor—though the severity of the offense will likely continue to matter. Furthermore, when mitigating circumstances exist, the severity of the crime will be reduced. Finally, having proper legal counsel can also help ensure that an applicant is well advised.
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This information is for educational purposes only and does not constitute legal advice.
References
USCIS Policy Manual Volume 12 Chapter 9, https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-9
Immigration Consequences of Criminal Activity, 10th Ed. (AILA 2024)
U.S. Department of State Bureau of Consular Affairs U.S. Visas and Eligibility https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html#visa
Karoun Demerjian, “The Laken Riley Act is an effort to target migrants accused of crimes,” New York Times, January 29, 2025 < https://www.nytimes.com/article/laken-riley-act-explained.html
Karen Aho and Anna Shepperson, “ICE carries out widespread arrests in Chicago, endangering the city's livelihood”, January 31, 2025 American Immigration Council
https://immigrationimpact.com/2025/01/31/ice-arrests-in-chicago-endangering-citys-livelihood/
Scott Hechinger and Andrew Kornfeld, “Donald Trump's criminal justice agenda is a front that has nothing to do with public safety,” February 21, 2025, Teen Vogue
https://www.teenvogue.com/story/donald-trump-criminal-justice-agenda-public-safety
[1] USCIS Policy Manual Volume 12 Chapter 9, https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-9
[2] Immigration Consequences of Criminal Activity, 10th Ed. (AILA 2024)
[3]U.S. Department of State Bureau of Consular Affairs U.S. Visas and Eligibility https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html#visa
[4] Karoun Demerjian, “The Laken Riley Act Is an Effort to Target Migrants Accused of Crimes,” New York Times, January 29, 2025
[5] Karen Aho and Anna Shepperson, “ICE carries out widespread arrests in Chicago, endangering the city's livelihood”, January 31, 2025 American Immigration Council
https://immigrationimpact.com/2025/01/31/ice-arrests-in-chicago-endangering-citys-livelihood/
[6] Scott Hechinger and Andrew Kornfeld, “Donald Trump's criminal justice agenda is a front that has nothing to do with public safety,” February 21, 2025, Teen Vogue
https://www.teenvogue.com/story/donald-trump-criminal-justice-agenda-public-safety
[7] Executive Order 14159, section 5 3 C.F.R.
[8] USCIS Policy Manual Volume 12, Chapter 5