Criminal Convictions & Immigration in New York
“Crimmigration,” is a term coined to describe the intersection of immigration with criminal law.
Non-citizens, meaning those who are Green Card holders and those who are undocumented, can find themselves facing deportation proceedings after a criminal conviction. It is important to have an experienced criminal and immigration attorney in your corner while you fight the allegations against you.
In 2010, the U.S Supreme Court in Padilla v. Kentucky held that the Sixth Amendment to the United States Constitution requires criminal defense lawyers to advise their clients of the potential immigration consequences that may flow from a criminal conviction. If you have been convicted of a criminal offense and were not advised of such, you may be able to re-open your criminal matter. This will depend on many factors and must be discussed with an experienced attorney. For a time, it was not uncommon for a non- citizen to only learn of the immigration consequences of an arrest or conviction after denial of an immigration benefit or after being placed into deportation proceedings. Fortunately, today there are protections in place to minimize and hopefully avoid these surprises.
In 2025, this issue has become more important and more complex than ever before due to the passage of the "Laken Riley Act". This new law requires the Department of Justice to detain certain immigrants who have admitted to, are charged with, or are convicted of crimes related to theft, assault of a police officer, or a crime that results in seriously bodily injury or death.
Many people have questions about how this process unfolds. First, a non-citizen is arrested. At the time of their arrest and processing by the police department, fingerprints are almost always taken. Once the fingerprints are taken, they are uploaded into a shared database where various law enforcement agencies, including Immigration and Customs Enforcement (ICE) have access. Next, if ICE has reason to believe someone is removable, they can issue a “detainer” to the arresting agency. This detainer may or may not be honored by the local agency, and this will largely depend upon the agency and their individual mandates.
At Mazzei & Polk we understand the fear and anxiety that comes along with facing criminal charges as a non-citizen. If retained, we will be by your side, and we will aggressively defend any criminal charges against you.
Learn more about criminal convictions and immigration when you contact our attorneys. Mazzei & Polk, LLC serves clients in Nassau County and beyond.
