For non-citizens living, working, and raising families in Wisconsin, a criminal charge is not just a legal matter — it can be an immigration crisis. A conviction that might seem minor by criminal law standards can trigger deportation, permanent bars to re-entry, denial of naturalization, or the loss of lawful permanent resident status. Even a charge that results in a plea bargain or reduced sentence can devastate an immigration case. Every non-citizen facing criminal charges in Wisconsin needs a defense attorney who understands both criminal law and the immigration consequences of criminal convictions.
Deportable Offenses Under Federal Immigration Law
Immigration consequences of criminal convictions are governed primarily by federal law — specifically the Immigration and Nationality Act (INA). Under the INA, certain categories of offenses make a non-citizen deportable (removable) from the United States. These categories include:
Crimes involving moral turpitude (CIMT): This is a broad and somewhat vague category that includes crimes involving fraud, theft, violent offenses, and other conduct deemed contrary to social morality. A single CIMT conviction can trigger deportation in some circumstances, and two CIMTs at any time can make a person deportable regardless of when the convictions occurred.
Aggravated felonies: The INA’s definition of “aggravated felony” is notoriously expansive and does not always align with the common understanding of “felony.” Under 8 U.S.C. § 1101(a)(43), aggravated felonies include murder, rape, drug trafficking, firearms offenses, fraud offenses involving more than $10,000, theft offenses resulting in a sentence of one year or more, and many others. A conviction for an aggravated felony carries among the most severe immigration consequences — permanent bars to re-entry and bars to virtually all forms of immigration relief.
Controlled substance offenses: Drug convictions — including simple possession of most controlled substances — can make a non-citizen deportable and inadmissible. This is a particularly dangerous area for immigrants in Wisconsin, where drug charges are common.
Domestic violence and crimes against family members: Convictions for domestic violence, stalking, child abuse, or violations of domestic violence protective orders can make a non-citizen deportable under INA § 237(a)(2)(E).
How a Wisconsin OWI Can Affect Immigration Status
Many Wisconsin immigrants are surprised to learn that an OWI charge can have immigration consequences. While a first-offense Wisconsin OWI is technically a civil forfeiture — not a criminal conviction — subsequent OWI offenses that are criminal may qualify as crimes involving moral turpitude in some immigration proceedings, particularly if they involve aggravating factors like injury, a minor in the vehicle, or high BAC levels. An OWI with a drug component — such as a charge of operating while under the influence of a controlled substance — can potentially be treated as a drug offense with even more severe consequences. Any non-citizen facing an OWI charge should consult with an attorney familiar with both criminal defense and immigration law.
Drug Charges and Immigration: A Particularly Dangerous Combination
Under federal immigration law, a conviction for a controlled substance offense — even simple possession of marijuana — can result in mandatory deportation and a permanent bar to re-entry for non-citizens. This is true even in an era when many states have decriminalized or legalized marijuana. Because immigration law is federal, state-level changes in drug policy do not provide protection. A Wisconsin drug conviction, even a minor one, can end a non-citizen’s ability to remain in or return to the United States.
The Importance of Immigration-Aware Criminal Defense
The U.S. Supreme Court held in Padilla v. Kentucky (2010) that criminal defense attorneys have a constitutional obligation under the Sixth Amendment to advise non-citizen clients about the immigration consequences of a guilty plea. This means your criminal defense attorney must consider immigration law when advising you about how to resolve your case.
In practice, this means exploring whether charges can be reduced to offenses with less severe immigration consequences, whether a plea can be structured to avoid triggering removal grounds, whether a trial is preferable to a plea when immigration consequences are catastrophic, and coordinating with immigration counsel to ensure the best possible outcome across both legal systems.
Some offenses that carry heavy criminal penalties actually have less severe immigration consequences than offenses with lighter criminal penalties. The intersection of these two bodies of law is complex and requires careful analysis on a case-by-case basis.
If you are a non-citizen facing criminal charges in Wisconsin, the decisions you make now can determine whether you stay in the country with your family. Attorney Christopher S. Carson has over 22 years of criminal defense experience in Wisconsin and understands the life-altering stakes of these cases. Call (262) 860-8932 today for a free consultation — do not make any decisions about your case before speaking with an experienced attorney.