What Happens When A Non-Citizen Is Arrested?

Being arrested is a life-altering experience for anyone—but for non-citizens, the consequences go far beyond fines or jail time. A non citizen arrest can jeopardize your immigration status, trigger deportation proceedings, and severely limit your future in the United States.

In today’s changing immigration climate, it’s more critical than ever to understand your rights and options if you’re a non-citizen facing criminal charges.

Immigration and Arrest: The High Stakes

The moment a non-citizen is arrested, immigration enforcement agencies like U.S. Immigration and Customs Enforcement (ICE) may become involved. A local law enforcement arrest can lead to:

• ICE detainers or "holds" placed on your record

• Transfer to immigration detention even before your criminal case is resolved

• Removal proceedings regardless of whether you are convicted

These outcomes depend on your immigration status, the nature of the crime, and how your case proceeds in criminal court. This intersection between criminal law and immigration law is highly complex, and mistakes—especially during plea bargains or early court hearings—can have irreversible consequences.

Learn more about Deportable Offenses

What Crimes Can Lead to Deportation?

Not every arrest results in deportation, but certain offenses are especially high risk. These include:

• Crimes of moral turpitude (e.g., theft, fraud, assault, domestic violence)

• Aggravated felonies (e.g., robbery, drug trafficking, sex offenses)

• Controlled substance offenses

• DUI/DWI charges, particularly those involving injury or repeat offenses

• Sexual Assault and Abuse

• Violent crimes and any offense involving a weapon

Even some misdemeanors—like shoplifting or minor drug possession—can trigger removal proceedings depending on your immigration status and history.

For more, see our guide on Deportation and Removal Services

How Does an Arrest Affect My Green Card or Visa?

A single arrest may not automatically lead to deportation, but it can severely disrupt your immigration journey:

• Green card applicants may face delays, denials, or even inadmissibility

• Visa holders may be flagged during re-entry or renewal

• DACA recipients and TPS holders risk losing protected status

• Legal permanent residents can be placed in removal proceedings for certain convictions

Even lawful immigrants can lose their status if they are found guilty of certain crimes or violate the conditions of their stay.

The Role of ICE and Removal Proceedings

In many jurisdictions, law enforcement agencies share data with ICE. This means that after an arrest, ICE may issue a detainer and take custody of the individual—even before a trial occurs.

From there, a person may be held in immigration detention and placed into removal proceedings before the Executive Office for Immigration Review (EOIR). These proceedings are separate from criminal court and involve different laws, standards, and outcomes.

Why You Must Contact an Immigration Lawyer Immediately

Too often, non-citizens accept plea deals or diversion programs without realizing the immigration and arrest consequences. Even a reduced charge can trigger inadmissibility, denial of naturalization, or deportation under federal law.

This is why it’s absolutely vital to speak with a qualified immigration lawyer before making any decisions. Only an experienced immigration attorney can:

• Evaluate how a charge or conviction affects your immigration status

• Work alongside your criminal defense attorney to structure plea deals that protect your future

• Represent you in removal proceedings, bond hearings, and appeals

• Guide you through complex decisions about voluntary departure, cancellation of removal, or asylum claims

Explore our full Immigration Law Services

The Legal System Is Evolving—Your Defense Must Too

Due to shifting policies, executive orders, and enforcement priorities, the rules surrounding non citizen arrest consequences are more fluid than ever. Recent legal developments have increased ICE enforcement actions and decreased the discretion previously available to immigration judges.

This means you can’t rely on outdated advice or hope for leniency. What worked five years ago may no longer apply. You need a legal team that understands both criminal justice and immigration law to defend your rights at every stage.

Key Takeaways

• A non-citizen arrest can trigger immigration enforcement, even without a conviction

• Certain crimes—especially involving violence, fraud, controlled substances, or moral turpitude—increase the risk of removal

• Always consult with an immigration attorney before accepting any plea deal or diversion

• Recent changes in immigration enforcement make legal guidance more important than ever

• Your future in the U.S. may depend on getting informed and getting legal help fast

Arrested as a Non-Citizen? Contact LaGrone Law Now.

If you or a loved one has been arrested and you are not a U.S. citizen, the time to act is now. Don't navigate the criminal and immigration systems alone. The consequences are too severe—and often permanent.

📞 Contact LaGrone Law today for a confidential consultation with an attorney who understands how to fight for your rights, your future, and your freedom.

FAQs: Arrests and Immigration Consequences for Non-Citizens

What happens if a non-citizen is arrested in the U.S.?

A non-citizen arrest can trigger serious immigration consequences, including detention by ICE and the possibility of removal proceedings. Even without a conviction, being taken into custody may affect your immigration status, green card, or visa eligibility. It’s critical to contact an immigration lawyer immediately.

Can I be deported for a misdemeanor or minor offense?

Yes, certain misdemeanors—especially those involving theft, fraud, or controlled substances—can still lead to deportation depending on your status. Each case is unique, and outcomes vary based on how the offense is charged and handled in court.

Will ICE be notified if I'm arrested?

In many jurisdictions, local law enforcement shares arrest data with federal immigration agencies. This means ICE may issue a detainer or transfer request even before your case is resolved. Speaking to both a criminal defense lawyer and an immigration attorney is essential.

Should I accept a plea deal if I'm not a U.S. citizen?

Never accept a plea deal without understanding the immigration impact. A plea that seems favorable in criminal court may result in detention, inadmissibility, or loss of legal status under immigration law. Legal advice from an immigration attorney is vital before making any decisions.

Can being arrested affect my ability to apply for citizenship or renew my green card?

Yes. An arrest or pending criminal charge can delay or derail applications for naturalization, green card renewal, or adjustment of status. Immigration services review your full record—including arrests, not just convictions—when evaluating applications.

What should I do if my loved one is a non-citizen and was arrested?

Time is critical. Gather all available documents and contact an immigration lawyer with experience handling arrests and deportation cases. Avoid sharingdetails with law enforcement until you have legal representation.