Why Non-Citizens Face Two Cases When Criminally Charged

If you are a non-citizen living in Louisville, Lexington, or anywhere in Kentucky and you have been charged with a crime, you are not just fighting a criminal case — you are fighting a parallel immigration case whether you know it or not. The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), and the Executive Office for Immigration Review all have their own process that runs separately from state or federal criminal court. A guilty plea that seems favorable in Jefferson District Court or Fayette Circuit Court can trigger mandatory deportation. A misdemeanor conviction can bar a green card holder from re-entering the United States after a trip abroad. At Clark + Harris, we defend non-citizens with both the criminal exposure and the immigration consequences in mind from day one.

How U.S. Immigration Law Treats Criminal Convictions

Federal immigration law — the Immigration and Nationality Act (INA) — classifies criminal conduct into categories that trigger specific consequences. Understanding these categories is essential to understanding what your criminal case really means.

Deportability Under INA § 237(a)(2)

INA § 237(a)(2), codified at 8 U.S.C. § 1227(a)(2), makes any non-citizen — including a green card holder — deportable for a wide range of criminal conduct. This includes one or more crimes involving moral turpitude (CIMTs), aggravated felonies, controlled substance offenses (other than a single possession of 30 grams or less of marijuana), firearm offenses, and crimes of domestic violence, stalking, or child abuse.

Inadmissibility Under INA § 212(a)(2)

INA § 212(a)(2), codified at 8 U.S.C. § 1182(a)(2), controls admissibility — whether you can enter or re-enter the United States, adjust status to permanent resident, or extend or change a visa. Inadmissibility is triggered by convictions or even admissions of CIMTs, controlled substance offenses, prostitution, two or more offenses with aggregate sentences of 5 years, and several other categories. Importantly, inadmissibility can apply even to conduct that wouldn’t trigger deportability, and for green card holders returning from travel abroad, inadmissibility can be used to refuse re-entry.

The Aggravated Felony Problem

The most devastating immigration classification is the “aggravated felony” under INA § 101(a)(43), codified at 8 U.S.C. § 1101(a)(43). Despite the name, many “aggravated felonies” are actually misdemeanors or minor offenses under state law. Aggravated felony convictions trigger mandatory deportation, mandatory detention during immigration proceedings, and statutory bars to nearly every form of immigration relief. They also permanently bar return to the United States.

Examples of charges that can qualify as aggravated felonies include any drug trafficking offense, theft with a sentence of at least 1 year, fraud or deceit involving loss over $10,000, crimes of violence with a sentence of at least 1 year, obstruction of justice with a sentence of at least 1 year, and many others. A Kentucky misdemeanor carrying 364 days in jail can avoid the aggravated felony classification, while the same offense with a 365-day sentence triggers it — a distinction that experienced defense counsel can often exploit.

Louisville, Lexington, and Kentucky’s Immigrant Communities

Kentucky is home to vibrant immigrant communities, including significant refugee resettlement populations in Louisville, Lexington, and Bowling Green. Non-citizens in these communities face unique exposure when criminal charges arise. Louisville Metro Department of Corrections (LMDC), Fayette County Detention Center, and other Kentucky jails regularly process ICE detainers on non-citizen inmates, leading directly to ICE custody upon release from state charges.

Why You Need Criminal Defense With Immigration Experience

Since the Supreme Court’s 2010 decision in Padilla v. Kentucky, criminal defense attorneys are constitutionally required to advise non-citizen clients about the immigration consequences of their cases. But “advising” isn’t enough — you need a defense attorney who actively works to structure your case to preserve your immigration options. That may mean negotiating pleas to specific statutes that avoid CIMT or aggravated felony classification, arguing for sentence structures that avoid immigration triggers, or fighting for dismissal when a plea would be catastrophic.

At Clark + Harris, we defend non-citizens across Louisville, Lexington, Bowling Green, Owensboro, Covington, and the entire Commonwealth. We coordinate criminal defense with immigration counsel when appropriate and develop strategies that protect both your freedom and your status.

Contact Clark + Harris for Non-Citizen Criminal Defense

If you are a green card holder, visa holder, DACA recipient, refugee, or anyone other than a U.S. citizen and you are facing criminal charges in Kentucky, the stakes could not be higher. Clark + Harris provides the kind of defense your case demands — criminal defense with full attention to immigration consequences.

Call 859-474-0001 today for a confidential consultation. Time is critical. Every day your case proceeds without proper representation is a day your immigration options narrow.

Immigration Consequences of Criminal Charges in Kentucky: A Complete Guide