The Department of Homeland Security (DHS) is tightening the screws on immigrants who are accused of drug crimes. Even a minor drug offense may trigger deportation. Here is what you need to know.
Who is at risk?
If you are not a U.S. citizen, even a minor drug crime, such as drug possession, can put you on Immigration and Customs Enforcement’s (ICE) radar. The government can deport you for possessing any federally controlled substance, regardless of your current immigration status, including if you are a:
- Green card holder (lawful permanent resident)
- Non-immigrant visa holder (student, temporary worker, visitor)
- Undocumented non-citizen (where drug charges may provide additional legal grounds for removal)
The only exception to this rule, applicable to legal residents, is if the drug in possession was marijuana and it was under 30 grams for personal use.
Can the government deport a U.S. citizen for drug possession?
Generally, the U.S. government cannot deport a U.S.-born citizen because it has no legal authority to strip a native-born individual of their citizenship. However, if you are a naturalized U.S. citizen, you may be at risk, especially if the resulting conviction implies that you concealed a crime before or during the process of naturalization. In severe cases, this may lead to the reversal of your citizenship (denaturalization) and possibly deportation.
Why legal representation matters
ICE is constantly monitoring the local jail bookings and state court dockets. Even a minor drug charge can raise eyebrows and lead to intense scrutiny. That is why facing these allegations without legal guidance could be incredibly dangerous. If you or a loved one is facing minor or major drug accusations, an experienced legal counselor that practices criminal defense is vital to protecting your status and your future.