Arrested As a Limited Status or Non-Citizen Immigrant in Florida
The Trump administration has implemented a number of restrictive immigration policies, including placing limitations on legal immigration pathways, enacting cuts to benefits and services for immigrants, and implementing increased enforcement measures. The administration has also expanded a wide-ranging number of policies that have broadened the potential scope of arrests and deportations of non-citizen immigrants.
Being charged with a crime in Florida can have serious, permanent consequences for limited status immigrants. If you are arrested and charged with a crime in Florida as a limited status or non-citizen immigrant, remain calm, exercise your right to remain silent, and immediately request a criminal defense attorney from our firm.
Potential Consequences if Arrested As a Limited Status or Non-Citizen Immigrant
For non-citizens in Florida, facing criminal charges can have serious immigration consequences, including deportation or removal proceedings. Even minor offenses can lead to these consequences, potentially leading to inadmissibility, visa denials, and challenges with naturalization. Criminal convictions can trigger removal proceedings, which can result in deportation, and this can apply to both those with and without permanent resident status (green card holders).
A green card holder may face different consequences than someone with a temporary visa or no legal status. In some cases, non-citizens facing removal proceedings due to certain criminal convictions may be subject to mandatory detention until their case is resolved. The severity and type of crime alleged are crucial factors. Aggravated felonies, drug crimes, and crimes involving violence or violence against minors often have the most severe immigration consequences.
Potential for Deportation
Certain crimes can lead to immediate deportation, even without a formal removal hearing. A conviction can make you inadmissible to the U.S., meaning you cannot apply for future visas or green cards. A criminal record can also be grounds for denial of various immigration benefits. Depending on the crime, you could lose your current immigration status, such as a visa or green card.
Deportation can result in the separation of families, as you could be sent back to your home country. Some crimes may carry enhanced penalties if committed by a non-citizen, particularly those who are undocumented. Even if you are not immediately deported, a conviction can trigger an immigration hold, meaning you could be detained upon release from prison.
What to Do If You are Arrested in Florida As a Limited Status or Non-Citizen Immigrant
If you are a non-citizen and have been arrested for a crime, it is crucial to seek legal advice from a qualified criminal defense attorney with a deep understanding of immigration matters. We can advise you on the specific consequences of your case and help you make informed decisions to protect your rights and immigration status.
If arrested in Florida as a non-citizen, you should stay calm, assert your rights, and seek legal counsel immediately. Do not lie about your status or provide false documents. If immigration agents request your papers, you must show them if you have them. If they ask to search you, you have the right to say no unless they have probable cause or your consent. You have the right to remain silent and refuse to answer questions about your immigration status. Always consult with a lawyer before making any decisions about your case.
Certain crimes, even misdemeanors, can trigger deportation proceedings for non-citizens. Even a plea deal can have negative immigration consequences, so it is essential for non-citizens to discuss the potential impact of these arrangements with an attorney who can negotiate a carefully crafted plea deal that minimizes immigration risks.
Contact a Florida Attorney if You Are an Undocumented or Limited Status Immigrant Arrested for a Crime
If you are arrested as a limited status or non-citizen immigrant in Florida, do not run, resist, or argue with law enforcement. Tell the officer you are exercising your right to remain silent and request an attorney. A criminal conviction, even for a minor offense, can lead to deportation or other consequences.
Our criminal defense lawyers can aggressively protect your rights if you are accused or charged with a crime and help you understand how this could impact your immigration status.
Do not wait to contact an attorney about your case. If you or a loved one has been arrested as a limited status or non-citizen immigrant for an alleged criminal offense in Florida, contact The Umansky Law Firm today to request your free consultation.
