Crimes of Moral Turpitude and Deportation

 Posted on April 11, 2025 in Immigration

Immigration laws now change from week to week, but crimes of moral turpitude are not only still deportable crimes – even charges for such a crime can result in deportation. Crimes of moral turpitude are generally considered those that involve fraud, dishonesty, or certain behaviors that can hurt others and require the element of intent.

Moral turpitude crimes include theft offenses, violent crimes, embezzlement, fraud, forgery, extortion, and even DUI. Not all crimes of moral turpitude result in a noncitizen being deported. Only a conviction for a crime of moral turpitude when the crime occurs within five years of the individual’s admission into the United States has previously been considered a deportable crime.

A "petty offense exception" also exists that applies when there is only one offense in question, the maximum potential sentence does not exceed one year, and the defendant is sentenced to an actual jail term of six months or less.  This was true until the passage of the Laken Riley Act. The rules for crimes of moral turpitude are now somewhat less clear.

If you have questions regarding whether your criminal offense has made you inadmissible or deportable, the best step you can take is to speak to an experienced Weatherford, TX immigration attorney. It can be beneficial for you to understand all your options for protecting your immigration status.

What is the Laken Riley Act?  

In January 2025, the Laken Riley Act became law. This Act mandates detaining noncitizens with no bail who have been charged with specific crimes, including burglary, shoplifting, larceny, theft, or any crime that could result in serious injury or death.

One alarming aspect of this Act is that there are no provisions for the arrest of noncitizens, even when the charges are later dropped. The Act also applies even to some authorized immigrants, including those granted Temporary Protected Status (TPS), and Deferred Action for Childhood Arrivals (DACA). The Act does not distinguish between adults and minors.

What Else Does the Laken Riley Act Do?

A study of incarceration rates over the past 150 years found that immigrants are considerably less likely to commit crimes in the U.S. than those born in this country. The Laken Riley Act gives no due process to those who may or may not have committed a crime, even a low-level crime. Further, many immigrants who are arrested on suspicion of committing a crime will choose deportation over mandatory, indefinite detention.

The law has other provisions, one of which allows state officials to block the issuance of visas to those from countries the state believes fail to "fully cooperate with the U.S. in accepting visas." Known as "recalcitrant countries," Russia, Cuba, India, China, and Vietnam are currently listed. States are also allowed to sue the federal government when an immigrant paroled into the country commits a crime that harms a resident of the state.

How New Laws Could Affect Texas Immigrants

The Laken Riley Act is expected to primarily impact undocumented immigrants entering the U.S. by crossing the border between ports of entry. A crime as minor as shoplifting could land an immigrant in detention for the entire immigration case simply because of an allegation, even if that allegation is completely false. An immigrant who has been detained for any reason should take his or her right to remain silent seriously until an immigration attorney can be spoken to.  

Contact a Fort Worth, TX Immigration Lawyer

If you find yourself in a situation where you need a criminal defense attorney and an immigration attorney, choosing a Fort Worth, TX immigration lawyer from The Meza Law Firm, PLLC who does both is your best course of action. We have extensive experience in both criminal and immigration law, offering personalized, dedicated, one-on-one guidance as we fight to keep families together. Attorney Meza understands the unique challenges faced by immigrants when they are arrested, as well as the necessary steps to protect their immigration status. Call 817-732-6392 to schedule your initial attorney meeting. Hablamos Español.