As a criminal defense attorney in Tennessee, I understand that facing criminal charges is stressful and overwhelming. For immigrants—whether documented or undocumented—the consequences can be even more severe. A criminal charge could jeopardize your immigration status, lead to deportation / removal, or bar you from obtaining future legal status in the U.S.

Recent changes in immigration law and the enforcement priorities under the Trump administration have created a complex and often unforgiving legal environment. If you or a loved one is an immigrant facing criminal charges, it is critical to understand how these changes could impact your case and your future in the United States.

Key Things Immigrants Need to Know If Charged with a Crime in Tennessee

1. Criminal Convictions Can Have Serious Immigration Consequences

Even a minor conviction can lead to deportation, denial of reentry, or ineligibility for citizenship. This applies even to lawful permanent residents (green card holders). U.S. immigration law classifies certain offenses—such as “crimes involving moral turpitude” and “aggravated felonies”—as grounds for mandatory detention and removal.
Additionally, a plea deal that may seem like a good resolution in criminal court could still carry immigration consequences. Never accept a plea bargain without first consulting both a criminal defense attorney and, if necessary, an immigration attorney.

2. You Have the Right to Remain Silent—Use It

If you are arrested or questioned by law enforcement, you have the right to remain silent and the right to an attorney. Anything you say can be used against you in both criminal and immigration proceedings. Politely but firmly decline to answer questions until you have legal representation.

3. Know How Immigration and Customs Enforcement (ICE) Operates

Under the Trump administration, ICE has increased its collaboration with local law enforcement agencies. This means that if you are arrested, even for a minor offense, your information could be shared with ICE, potentially leading to immigration detention and deportation proceedings. In Tennessee, some counties participate in programs like 287(g), which allows local law enforcement to act as immigration agents.

If you are detained:

• Request an attorney immediately.
• Do not sign any documents, especially those related to your immigration status, without consulting a lawyer.
• Know your rights: You are not required to answer questions about your immigration status or country of origin.

4. Be Aware of Recent Changes in Immigration Enforcement

The Trump administration has implemented several executive orders and policy changes that have expanded the categories of immigrants targeted for deportation. These changes include:

• Prioritizing the deportation of immigrants with any criminal record, even if the charges were minor or dismissed.
• Expanding the definition of “criminal alien” to include those charged with crimes but not yet convicted.
• Increasing the use of expedited removal proceedings, which can result in deportation without a hearing before an immigration judge.

These policies mean that even a minor criminal charge could put you at risk of deportation or removal. It is more important than ever to take criminal charges seriously and seek experienced legal representation.

5. Exploring Legal Defenses and Alternatives

In some cases, it may be possible to avoid a conviction or negotiate a resolution that minimizes immigration consequences. Options such as pretrial diversion programs or deferred adjudication may be available, depending on the nature of your charges, the facts of your case, and your criminal history.

An experienced criminal defense attorney can:

• Challenge the evidence against you.
• Negotiate reduced charges that may not trigger immigration consequences.
• Advocate for alternatives to conviction, such as diversion programs.

6. A Dismissal or Expungement May Not Fully Protect You

Even if your case is dismissed or expunged, immigration authorities may still see the record and use it against you. Immigration law treats criminal records differently than state law does, meaning an expunged offense could still impact your status.

Get Legal Help Now

Facing criminal charges as an immigrant is a high-stakes situation. The intersection of criminal and immigration law is complex, and a single misstep can have life-changing consequences. If you or a loved one is facing charges, do not delay in seeking legal help.  An experienced criminal defense attorney can protect your rights, help you understand your options, and fight to secure your future.

Nashville Criminal Defense Attorney Carla Grebert provides compassionate and effective legal representation for individuals facing criminal charges. Contact Carla today for a consultation to discuss your case and learn how she can assist you.

January 31, 2025 

 Disclaimer: Carla Grebert is not an immigration attorney. This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with an attorney to discuss the specifics of your situation.