President Trumps Executive Order
Enhancing Public Safety in the Interior of the United States [in English for Criminal Defense Attorneys]¹
First Level of Inquiry:
What is your client’s status here?
Does that client have a “Green Card”?
Does that client have no status (snuck in, overstayed, etc.)?
REMOVABLE UPON CONVICTION
| Green Card with CONVICTION | No Status with CONVICTION |
| CIMT (within 5 years of LPR) | CIMT |
| 2 or more convictions CIMT | 2 or more any kind of convictions (5 years jail aggregate) |
| Aggravated Felony | |
| Failure to register as sex offender | Prostitution |
| Drugs/Drug Dealing | Drugs/Drug Dealing |
| Firearm Offense | |
| DV and violation of TRO/FRO |
- Green Card holders w/o any convictions are NOT removable (generally speaking).
- Foreign nationals without status ARE removable.
“Removable Aliens” are NOW a priority if they:
a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense, where such charge has not been resolved;
(c) Have committed acts that constitute a chargeable criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
(e) Have abused any program related to receipt of public benefits;
(f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or
(g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
[¹] This is a general overview and NOT inclusive of other grounds of removability like espionage, misrepresentation, etc. It is designed to cover 95% of what a NJ criminal defense attorney is most likely to encounter.
