Can You Be Prosecuted for a Crime You Were Acquitted of in Immigration Court?

Unfortunately, it is legally possible to be prosecuted for a crime that you were acquitted of in immigration court. Similarly, you can be deported for a crime you were convicted of in criminal court. These courts have different rules in place, so you should always talk to your lawyer about the immigration consequences of criminal convictions.

The short answer to this is absolutely. Immigration court doesn’t have to use actual convictions to deport you. If at any point you admitted guilt to a crime that is a deportable offense, immigration court can remove you from the country.

Similarly, you can be tried and convicted for a crime in criminal court that you were acquitted of in immigration court, but it depends on the circumstances involved. This is because immigration and criminal courts have two entirely different goals. Criminal court seeks to decide if you have committed a criminal offense that should be punished. In comparison, immigration court is solely trying to determine if you have committed a deportable offense.

This can be confusing for many defendants because the Fifth Amendment of the Constitution technically protects you against being prosecuted for the same crime. Known as the double jeopardy law, this rule generally only applies to criminal court.

It’s similar to how you might deal with a civil lawsuit over criminal offenses. For example, if you were charged with a DUI for driving into someone’s house, being acquitted of DUI charges doesn’t stop your neighbor from suing you for the damages in civil court. In a similar fashion, there can be major immigration consequences of criminal convictions, even if you were acquitted of those convictions in a criminal court already.

Aggravated felonies is a term used in immigration law for a certain grouping of felonies. If you are convicted of an aggravated felony, the immigration consequences are immediate and severe.

In immigration court, an aggravated felony is anything that Congress calls an aggravated felony. If you are convicted, you are legally prohibited from getting important immigration relief, such as deportation relief, asylum, or the ability to come back into the country at any point later on.

The following are a few of the most common aggravated felonies under 8 USC § 1101(a)(43).

• Sexual abuse of a minor
• Slavery
• Counterfeiting
• Trafficking in firearms
• Treason
• Tax evasion
• Alien smuggling
• Murder
• Burglary
• Child pornography
• Prostitution
• Bribing a witness
• Failure to appear
• Trafficking in destructive devices, such as bombs
• Committing a crime of violence
• Money laundering
• Drug offenses
• Committing fraud
• Obstruction of justice perjury

In 2025, the administration has announced new policies and goals for deportations. As such, any convictions will be dealt with especially harshly. If you are found guilty of a criminal offense in court, you may be deported. At the very least, you may become ineligible for visas, asylum claims, and green cards.

If you were previously eligible for citizenship, a conviction can ruin your prospects. To gain citizenship, you are required to have good moral character. Any conviction raises questions about your character, likely tanking your hope for becoming an official U.S. citizen.

The immigration consequences of criminal convictions can be incredibly severe. If you are found guilty of a felony, it will likely ruin your potential to become a citizen or remain in the country. Additionally, you must exercise extreme caution when taking part in pre-trial or pre-plea diversions. If you have to admit guilt as a part of the diversion process, this admission can end up being used by immigration officials to get you deported from the country.

If you’re ready to take the next step in your criminal or immigration case, reach out to our team of Orange County attorneys today to learn more.