Domestic Violence Convictions and Immigration Under INA...

Domestic Violence Convictions Are a Special Deportability Ground

In 1996, Congress added a specific deportability ground for crimes of domestic violence, stalking, and child abuse. This ground, now codified at INA § 237(a)(2)(E), creates a unique immigration pathway that can apply to convictions that wouldn’t otherwise trigger deportation. Whether you are in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris defends non-citizen domestic violence cases with full attention to this distinct deportability ground.

The DV Deportability Statute

Under INA § 237(a)(2)(E)(i), any non-citizen who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. The statute also covers violations of protective orders under INA § 237(a)(2)(E)(ii).

What Counts as a “Crime of Domestic Violence”

A “crime of domestic violence” under the statute means any crime of violence (as defined in 18 U.S.C. § 16) committed by a current or former spouse, a person with a shared child, a person similarly situated to a spouse, or a person otherwise protected from the individual’s conduct under federal or state DV laws.

The Supreme Court’s decision in Sessions v. Dimaya, 584 U.S. 148 (2018), invalidated the residual clause of 18 U.S.C. § 16(b) for immigration purposes, significantly narrowing the scope of “crimes of violence” under this definition. Only the elements clause of § 16(a) — requiring use, attempted use, or threatened use of physical force — now applies.

Kentucky Domestic Violence Charges and Immigration

Kentucky doesn’t have a single “domestic violence” criminal statute. Instead, DV conduct is charged under general statutes with a DV designation. Common charges include assault fourth degree under KRS 508.030, assault second or third degree under KRS 508.020 or 508.025, menacing under KRS 508.050, terroristic threatening under KRS 508.080, and strangulation under KRS 508.170.

Fourth-Degree Assault and the DV Deportability Ground

Kentucky’s fourth-degree assault under KRS 508.030 is a particularly important charge for non-citizen defendants. KRS 508.030(1)(a) requires intentional or wanton causing of physical injury — which satisfies the “physical force” requirement of 18 U.S.C. § 16(a). When committed against a family member or partner in a qualifying relationship, a conviction under this subsection triggers the DV deportability ground.

But KRS 508.030(1)(b) covers intentionally causing mere “physical menace” — conduct that may not satisfy the physical force requirement. Skilled defense counsel can sometimes negotiate pleas specifically to subsection (1)(b), or pleas that don’t specify the subsection, to create ambiguity that protects against automatic DV deportation.

Protective Order Violations

Under INA § 237(a)(2)(E)(ii), violation of a protective order involving protection against credible threats of violence, repeated harassment, or bodily injury is also a deportable offense. Kentucky’s protective order violation charge under KRS 403.763 can trigger this provision depending on the specific circumstances of the underlying order and the violation.

The Lautenberg Amendment and Firearms

Beyond the specific immigration deportability ground, DV misdemeanor convictions trigger federal firearms disabilities under 18 U.S.C. § 922(g)(9) — the Lautenberg Amendment. This prohibits firearm possession and has immigration implications if a non-citizen is later convicted of firearms offenses.

Defense Strategy for Non-Citizen DV Cases

Clark + Harris defends non-citizen DV clients with strategies including aggressive challenges to the underlying allegation, pursuit of diversion programs where available, plea negotiations to specific charges that don’t qualify as “crimes of violence” under 18 U.S.C. § 16(a), pleas structured to preserve ambiguity about the qualifying relationship, and avoidance of protective orders when possible.

Contact Clark + Harris for Non-Citizen DV Defense

Domestic violence cases carry unique immigration consequences. Clark + Harris provides the specialized defense non-citizens need.

Call 859-474-0001 today for a strictly confidential consultation.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

Domestic Violence Convictions and Immigration Under INA § 237(a)(2)(E)