An Overview of Immigration Consequences of Criminal Narcotics Charges for Non-Citizens in New York City

For non-citizens living in New York City, facing criminal charges related to narcotics can have serious—and sometimes irreversible—consequences on their immigration status. Whether someone is a lawful permanent resident (green card holder), has a temporary visa, or is undocumented, a drug-related conviction can lead to deportation, denial of future immigration benefits, and prolonged detention.

1. Narcotics Charges Under New York Law

New York’s Penal Law Article 220 covers offenses involving the criminal possession and sale of controlled substances. Charges can range from misdemeanors, such as seventh-degree criminal possession of a controlled substance (PL 220.03), to more serious felonies like third-degree criminal sale (PL 220.39) or first-degree possession (PL 220.21). These charges can involve substances like cocaine, heroin, fentanyl, or even prescription drugs if possessed or distributed unlawfully.

2. Immigration Law and Drug Offenses

Under the Immigration and Nationality Act (INA), most drug offenses—even minor ones—can trigger severe immigration penalties. The key immigration consequences include:

a. Deportability

A non-citizen can be deported for:

  *   A conviction for any controlled substance offense, other than a single offense involving possession of 30 grams or less of marijuana for personal use.
  *   Drug trafficking offenses, which are considered aggravated felonies under immigration law. Notably, money laundering charges in furtherance of drug trafficking can also be treated the way for immigration purposes.

Inadmissibility

Even without a conviction, admitting to drug use or offenses, or having certain arrests, can make a person inadmissible—meaning they cannot enter the U.S. or adjust their status (e.g., apply for a green card).

c. Aggravated Felonies and Crimes Involving Moral Turpitude (CIMTs)

Some drug charges, especially those involving sale or intent to distribute, are classified as aggravated felonies. These are among the most serious types of crimes under immigration law and can bar relief from removal, including asylum or cancellation of removal. Some narcotics offenses may also be considered CIMTs, depending on the facts.

3. Real-Life Immigration Impacts

For non-citizens in New York City, these consequences often play out in the following ways:

  *   ICE Detainers: After arrest or conviction, Immigration and Customs Enforcement (ICE) may issue a detainer and take custody of the person once released from city jail.
  *   Detention Without Bond: Those charged with or convicted of drug offenses may be subject to mandatory detention during removal proceedings.
  *   Loss of Immigration Benefits: A conviction may block a person from renewing a visa, adjusting status, or applying for citizenship.

4. Defensive Strategies

It’s critical that defense attorneys coordinate closely with immigration counsel when representing non-citizens facing drug charges. Some possible strategies include:

  *   Plea Bargaining to Non-Deportable Offenses: In some cases, a plea to a non-drug-related offense (e.g., disorderly conduct or trespass) may avoid immigration consequences.
  *   Avoiding a “Conviction” for Immigration Purposes: Under the INA, a “conviction” involves a formal judgment of guilt. Pre-plea diversion or deferral programs that avoid a guilty plea may not trigger immigration penalties, though this area is legally complex.
  *   Post-Conviction Relief: In certain cases, vacating a conviction on legal or constitutional grounds can remove its immigration effect.

5. The Role of NYC and New York State Laws

While New York City has been a “sanctuary city” and generally limits cooperation with ICE, immigration enforcement still occurs. New York courts have recognized the importance of advising non-citizen defendants of the immigration consequences of a plea, as required under Padilla v. Kentucky, a U.S. Supreme Court case.

Moreover, recent reforms in New York, such as sealing certain marijuana convictions and diversion programs like drug treatment courts, can sometimes mitigate immigration exposure—though they don’t always eliminate it.

Conclusion

Facing criminal narcotics charges in New York City is daunting for anyone, but for non-citizens, the stakes are even higher. The intersection of state criminal law and federal immigration law is complicated, and mistakes can have life-altering consequences. Legal representation that accounts for both criminal defense and immigration status is not just beneficial—it’s essential. Matthew Galluzzo is a former Manhattan prosecutor who has represented dozens of non-citizens facing state and federal narcotics charges in the New York City area. He has particular expertise representing non-citizens; indeed, he was knighted by the nation of France in 2023 for his exceptional success in defending French citizens against criminal charges in the United States. If you or a loved one have been accused of a narcotics-related charge in New York City and are facing possible immigration consequences, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Non-citizens facing criminal charges should consult both an experienced criminal defense attorney and an immigration lawyer.