by Dahiru Waziri

As an Immigrant, having a criminal history places one on very shaky ground. In a system that can be very unforgiving, even minor mistakes can have serious consequences. In this blog we explore how an immigrant’s criminal history can affect them moving forward and some ways to handle a checkered past. However, before starting, it’s worth having a brief outline of the types of crime and how they affect immigration applications.

Crimes broadly fall under three categories; infractions, misdemeanors, and felonies. States will usually have some differences in how they classify crimes, but in general, Infractions are usually punished by fines and no custodial sentence. Good examples of this would be traffic violations, public disorder, and jaywalking. Misdemeanors are more serious offenses that may carry a custodial sentence. Examples include driving under the influence and petty theft. Felonies are the most serious of the three which include 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 U.S. citizen or overstaying a visa.

Having a criminal history can affect the different types of immigration applications such as employment-based applications, family-based applications, and humanitarian applications.  A lot will depend on the type of application and the crime in question. In the context of immigration applications, Infractions in general do not disqualify someone from immigration applications, though it is worth pointing out that repeated infractions or unpaid fines can make it harder to apply for certain visas.  For example, when applying for naturalization, USCIS will demand evidence of good moral character.[1] However, minor infractions such as traffic offenses or public nuisances are unlikely to affect an application. More severe misdemeanors and felonies often prevent someone from proving 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 one inadmissible and even deportable in some cases.[2] For immigration context one convicted of such a crime can be denied a visa at a U.S. consulate abroad as well be denied admission into the United States at a port of entry.[3]; be denied temporary protected status (TPS), be found in violation of a nonimmigrant visa status; or be placed in removal proceedings if they were paroled into the United States or entered without inspection.

What has changed?

In the last few months, many lawmakers have been focusing on undocumented immigrants who have committed crimes. Since late 2024 when the Laken Riley Act was signed the immigration penalties for undocumented immigrants charged with crime have become more strict.[4] With the new administration, this focus on undocumented migrants with criminal histories has been heightened. In January 2025, following his inauguration, President Donald Trump signed a plethora of new executive orders many of which focused on immigration enforcement. The GOP platform said Trump will “begin the largest deportation program in American History,” including “the millions of illegal Migrants who Joe Biden has deliberately encouraged to invade our Country” and starting with removing “the most dangerous criminals and working with local Police.” According to Trump’s newly appointed ‘border czar,’ Tom Homan, “the new Trump administration will prioritize deporting unauthorized immigrants with a criminal past.” Numbers sent to Congress this fall from Immigration and Customs Enforcement, or ICE, show there are 662,566 non-citizens with criminal convictions or pending charges, largely for assault and drug offenses.  Since taking office, there have been waves of arrests in the U.S.[5] He has given directives for increased prosecutions and detentions targeting immigrants.[6] Most notably Executive Order 14159, titled “Protecting The American People Against Invasion” prioritizes the removal of immigrants who have either been convicted of a crime or even charged with a crime.[7] Other executive orders were signed to expand the ability of ICE to detain immigrants in the U.S. unlawfully and call for ICE to delegate its enforcement powers to state and local authorities.

What kinds of cases will be harder to file with a criminal history?

What all these extra measures and heightened tensions will likely mean is that applicants with a criminal history will likely face more scrutiny in most applications. For example, applying for Legal Permanent Residency (also known as a “green card”) requires an applicant to demonstrate for cases such as naturalization applications. When applying for a green card, USCIS will require evidence of all past criminal convictions. Given the directives from the executive order, USCIS may scrutinize applicants with criminal histories more closely, making it more likely to be denied for minor convictions.

Aside from the threat of deportation, having misdemeanor offenses 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 on your record Other humanitarian applications such as applications for asylum will also be harder with a criminal history.

How to approach applications with a criminal history

While executive orders and new legislation can be a source of concern, this does not mean that it will be impossible to apply for immigration applicants even with the most minor of offenses. For Naturalization applicants, on their website, USCIS highlights that each application is decided on a case case-by-case basis and USCIS will consider whether the crime committed does impact an applicant’s good moral character as well as any extenuating circumstances.[8] Moreover, USCIS also states that crimes committed outside the U.S. that were convicted for political reasons will not affect an applicant’s proof of good moral character.[9] Furthermore, it will now also be more important to gather as much documentation as possible regarding past criminal history. Finally, it is important to obtain legal advice regarding the type of immigration application and whether the criminal conduct can be waived notwithstanding the new set of policies targeting immigrants with criminal histories.

In conclusion, while it will take some time to get a clearer picture of how the executive orders will be implemented, in the last few months, it has and will likely become harder to make successful applications with serious criminal convictions. While the increased scrutiny of migrants with criminal histories can be worrying, it does not spell the end. USCIS will still consider the specifics of each case and will not deny an application for every single crime no matter how petty, the seriousness of the offense will likely still matter. Moreover, where there are extenuating circumstances thill will reduce the severity of the crime. Lastly having proper legal advice can also help to ensure that an applicant is well advised.

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, 29, January 2025 < https://www.nytimes.com/article/laken-riley-act-explained.html

Karen Aho and Anna Shepperson, “ICE Makes Sweeping Arrests in Chicago, Endangering 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, 29, January 2025 < https://www.nytimes.com/article/laken-riley-act-explained.html >

[5] Karen Aho and Anna Shepperson, “ICE Makes Sweeping Arrests in Chicago, Endangering 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