“NY Convictions And Immigration Consequences: What You Need To Know”

As an immigration and criminal attorney in New York, I’ve seen firsthand the devastating impact of a New York conviction on the lives of individuals, particularly, on noncitizens’ lives. I’ve also seen the devastating impact of deportation on the lives of individuals, and the lives of their family members. Under the Donald Trump second term administration, the challenges are even more daunting.

A New York conviction, on specific crimes, such as murder, rape, child molestation, trafficking, theft, burglary, possession or distribution of controlled substances, crimes related to domestic violence, firearms offenses, and multiple convictions, can lead to severe immigration consequences, including deportation, detention, and ineligibility for immigration benefits[1]. Noncitizens who are in the United States illegally or have a criminal conviction are particularly vulnerable.

Individuals who have final orders of removal and are still in the country are at risk as well, because they are considered to be in the country unlawfully and are subject to arrest and detention by the Immigration and Customs Enforcements (ICE) at any time and be removed from the county without hearing.

The Trump Administration’s aggressive immigration enforcement policies, including mass deportation, have created a climate of fear and uncertainty for noncitizens[1]. The administration’s plans to utilize the military, diplomats, and other government workers to aid deportations have raised concerns about the potential for human rights abuses.

Furthermore, the administration’s use of the 1798 wartime statute known as the Alien Enemies Act to rapidly deport alleged gang members has sparked controversy[1]. Critics argue that this law could be used to justify indefinite detention and removal of individuals without judicial review.

As an attorney, I’ve seen how a New York conviction can lead to a noncitizen being placed in removal proceedings. The consequences can be severe, including separation from family, loss of livelihood, and even danger in the country of origin.

To get ready here are some steps one can take:

Seeking legal consultations: It’s essential for noncitizens who are facing criminal charges or have a criminal record or have a final order of removal to seek the advice of an experienced immigration and a criminal attorney. We can help navigate the complex immigration laws and advocate for the noncitizens’ rights.

Creating a safety plan: Identify emergency contacts, memorizing phone numbers, and providing authorization for emergency contacts to make medical and legal decisions for children are essential steps.

Gathering documents: Collecting identify information, financial documents, and proof of residency can be crucial in case of deportation.

Being cautions of scams: With the rise of deportation threats, scams targeting immigrants are increasing. It’s essential to be skeptical of social media posts promising quick immigration relief and never sharing personal information or paying fees to unverified sources

Stay informed: Staying up-to-date with the latest news updates on immigration policies can help families prepare for potential changes.

Know your rights. Educate yourself about your rights as an immigrant. Regardless of your criminal history, you have rights that must be respected. Understanding these rights can empower you to make informed decisions and protect yourself if you encounter law enforcement or immigration officials.

It’s heartbreaking to see families preparing for the possibility of being torn apart. But by taking proactive steps, they can be better equipped to face the challenges ahead.

[1].https://www.reuters.com/world/us/inside-trumps-plan-mass-deportations-who-wants-stop-him-2024-11-06/

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