Can a green card holder be deported?

Yes. Permanent resident status, commonly called a green card, does not protect someone from deportation when a criminal conviction is involved. Immigration consequences are one of the most serious and frequently overlooked aspects of a criminal case for non-citizens, and they can apply even to people who have lived in the United States for decades.

Certain categories of criminal convictions trigger mandatory deportation proceedings under federal immigration law. These include aggravated felonies, which is a broad category that includes crimes like drug trafficking, firearms offenses, theft or fraud above a certain dollar threshold, and crimes of violence with a sentence of one year or more. Crimes involving moral turpitude are another category that can trigger removal. Drug offenses, domestic violence convictions, and crimes against children are particularly serious from an immigration standpoint.

The process works like this. When a green card holder is convicted of a qualifying offense and serves their sentence, ICE can place a detainer on them at the facility. When the criminal sentence is complete, instead of being released they are transferred to ICE custody and placed in removal proceedings before an immigration judge.

The critical thing to understand is that deportation consequences must be addressed before a plea is entered, not after. A criminal defense attorney who does not understand immigration law may negotiate a plea that results in a shorter criminal sentence but triggers mandatory deportation. An immigration attorney or a criminal defense attorney with immigration expertise should review any plea offer before it is accepted.

If a conviction has already occurred, there may still be options depending on the specific offense, the length of residency, family ties to US citizens, and other factors. An immigration attorney who handles removal defense should be consulted immediately.