Immigration Consequences of Criminal Cases in Pennsylvania

For non-citizens living in Pennsylvania, involvement in the criminal justice system can create serious risks beyond fines, probation, or incarceration. Criminal arrests, charges, and especially convictions can carry severe immigration consequences, including detention by Immigration and Customs Enforcement (ICE) and removal from the United States.

Because immigration law operates separately from state criminal courts, many defendants are unaware that a decision made in a criminal case—often early in the process—can permanently affect their ability to remain in the country.

How Criminal Cases Trigger Immigration Consequences

Immigration consequences may arise at any stage of a criminal case, not just after a conviction. ICE can become aware of a case through fingerprint databases, jail intake procedures, or court records shared with federal authorities.

Once identified, ICE may:

• Issue an immigration detainer

• Initiate removal proceedings

• Take a person into custody after release from local jail

Even when criminal charges are still pending, ICE involvement can complicate bail, custody, and case strategy.

When Criminal Charges Lead to Immigration Consequences

While arrests and charges can draw ICE attention, the risk increases significantly when a case moves toward resolution. Under immigration law, certain outcomes may be treated as convictions even if they appear minor under Pennsylvania law.

These can include:

• Guilty or no-contest pleas

• Deferred sentences or probationary dispositions

• Negotiated plea agreements involving fines or supervision

Because immigration law defines “conviction” differently than criminal law, a result intended to minimize criminal penalties may still trigger serious immigration consequences.

Types of Immigration Consequences That May Apply

Depending on the charge and outcome, immigration consequences may include:

• Deportation or removal proceedings

• Mandatory immigration detention

• Loss of eligibility for visas, green cards, or relief

• Permanent bars to reentry into the United States

Certain offenses—such as drug crimes, crimes involving moral turpitude, firearms offenses, and aggravated felonies—carry particularly harsh immigration penalties, regardless of the sentence imposed.

Why Criminal Defense Strategy Matters

Criminal defense decisions should never be made in isolation when immigration status is at risk. The way charges are framed, reduced, or resolved can determine whether immigration consequences are triggered.

A well-informed defense strategy may involve:

• Seeking charge reductions that avoid immigration triggers

• Avoiding plea language that qualifies as a conviction under immigration law

• Coordinating timing and outcomes with immigration counsel

Failing to account for immigration consequences can result in outcomes that permanently alter a person’s future, even when the criminal penalties are minimal.

The Importance of Coordinated Legal Representation

In cases involving both criminal exposure and immigration concerns, coordination between attorneys is essential.

• A criminal defense attorney focuses on defending the Pennsylvania criminal case and minimizing penalties.

• An immigration attorney evaluates how each possible outcome affects removability, detention, and eligibility for relief.

Handling one without the other can unintentionally increase the risk of deportation.

SKA Law Group’s Approach

SKA Law Group is not an immigration law firm, but the attorneys regularly represent individuals whose criminal cases may carry immigration consequences. Attorney Michael Kotik and the attorneys at SKA Law Group understand how criminal matters intersect with immigration enforcement and ICE involvement.

The firm takes immigration risks into account when defending criminal cases and strongly recommends that clients with immigration concerns consult a qualified immigration attorney as early as possible.

Addressing Immigration Consequences Early

Immigration consequences are often determined long before a case reaches trial. Bail decisions, plea negotiations, and early motions can all affect whether ICE becomes involved and what options remain available.

If you or a loved one is facing criminal charges in Pennsylvania and has concerns about immigration status, early legal guidance is critical to protecting both legal rights and long-term stability in the United States.