Which Crimes Can Get You Deported In Arizona?

The Trump Administration’s Big Beautiful Bill passed in early July 2025, adding billions of dollars to ICE’s budget. It’s no secret that now that Republicans have control of all three branches of the United States government, their agenda is to remove as many immigrants as possible. First there were headlines of immigrants (and even citizens) being deported to El Salvador. Now, immigrants facing deportation have to worry about Alligator Alcatraz. Most immigrants are simply working hard to create better lives for themselves and their families. But like any other group of people, some immigrants commit crimes which can result in conviction and incarceration. Non-citizens face another potential life-altering consequence- deportation. 

Being accused or convicted of a crime in Arizona won’t automatically cause a non-citizen to be deported. However, Arizona has designated certain criminal offenses as deportable offenses. The four main categories of deportable offenses in Arizona are aggravated felonies, drug offenses, crimes of moral turpitude, and domestic violence and crimes against children. Read on to learn more about these types of crimes and why Arizona has labeled them as deportable offenses. If you’re a non-citizen accused of any of these, you should begin working on your defense strategy now rather than later. Learn about your rights and options from a skilled Arizona criminal defense attorney, free of charge. Schedule your free phone consultation with My AZ Lawyers today at 480-833-8000. 

Aggravated Felonies

In Arizona, the least serious criminal offense is a petty offense, followed by a misdemeanor, which is punishable by up to 6 months in state jail. More serious crimes are charged at the felony level, which carries incarceration in prison upon conviction. When a felony is aggravated, there is one or more factor that increases the severity of the crime. For example, DUI is a misdemeanor in Arizona. But if a drunk driver is pulled over with a child passenger, going the wrong way on a highway, etc., the charges are elevated to Aggravated DUI. Aggravated felonies carry longer sentences, higher fines, and stricter penalties across the board. They represent serious disregard for human life and safety, and thus are deportable offenses in Arizona. Additionally, immigrants convicted of aggravated felonies are ineligible for discretionary deportation relief such as voluntary departure, asylum, etc. Aggravated felons are detained without bond while awaiting deportation, and if the immigrant attempts to re-enter the country, they will be penalized more strictly for that offense due to their prior aggravated felony conviction.

Drug Offenses

First it was the opioid epidemic, and now fentanyl has created a crisis that affects Arizona in almost every aspect. An immigrant convicted of any crime involving a controlled substance can be deported to their home country. There is an exception for a one-time conviction for the use or possession of marijuana or hashish. For the defendant to be deported for a drug offense, they must have been admitted to the United States before the offense occurred. 

Crime Involving Moral Turpitude (CMT)

In Arizona, CMT stands for a crime involving moral turpitude. This means that there was fraud involved in the crime, or there is evil intent given contemporary rules of morality. Some of the crimes that are most likely to be considered CMTs without fraud are those that involve the defendant causing or attempting to cause physical injury, especially if the victim is from a protected class. There are two ways that a CMT can cause a criminal defendant to be deportable in Arizona:

1. The defendant is convicted of two separate CMT offenses (not part of a single scheme of criminal misconduct) at any time after being admitted to the United States
2. The defendant is convicted of one CMT offense that carries a potential sentence of at least one year within 5 years of being admitted to the United States. 

If a non-citizen has been convicted of a CMT in the United States, they are ineligible for entry unless the youthful offender exception applies. Here, the defendant can only have committed one CMT carrying a sentence not greater than one year, and the defendant must not have been incarcerated for more than 6 months. The youthful offender exception won’t apply if the defendant committed more than one CMT offense.

Domestic Violence and Crimes Against Children

A non-citizen can be deported for a variety of crimes related to domestic violence and violence against children. Stalking, violating a protective order, and child abuse, neglect, and abandonment can all result in an immigrant being deported from the United States after conviction. These crimes are reprehensible because they are committed against the people we are supposed to hold dear in this life. For a crime to be designated as domestic violence, there must be a special relationship between the victim and the defendant. This could be spouses, co-parents, or any other current or former romantic relationship. For more casual romantic relationships, the court will look at factors like the length of the relationship and how frequently the two interacted to determine if the domestic violence classification applies. It can also be considered if the two are current or former roommates or related through blood or marriage. Examples of relationships that wouldn’t qualify for a domestic violence classification include neighbors, coworkers, and platonic friends.

Once the domestic relationship has been established, the court can determine if the crime qualifies as domestic violence. Some of the offenses that are considered domestic violence in Arizona, which are set forth by A.R.S. § 13-3601, include:

• Assault
• Aggravated assault
• Sexual assault
• Kidnapping
• Unlawful imprisonment
• Surreptitious videotaping
• Endangerment
• Disorderly conduct
• Aggravated harassment
• Elder abuse
• First-degree murder
• Negligent homicide 
• Criminal trespass

One aspect that makes domestic violence offenses unique is that once the court becomes involved, it will typically issue at least one protective order. In Arizona, orders of protection are the type of protective orders used to safeguard victims of domestic violence. The judge can also enter two protective orders keeping the two parties away from each other. Failure to comply with an order of protection is a criminal offense in itself. Non-citizens accused of domestic violence should take precautions to fully cooperate with any type of protective order against them or risk deportation. 

Facing Criminal Charges as an Immigrant in Arizona? Retain a Skilled Criminal Defense Team to Protect Your Interests.

If you are not yet a citizen of the United States, it can make allegations of a criminal offense all the more serious. If you are convicted of a deportable crime, your status in this country could be at risk. While immigration is separate from a criminal prosecution, fighting for a “not guilty” verdict at trial is one step to protecting your legal status in Arizona and the United States as a whole. Even if your immigration status isn’t at risk, incarceration, fines, and a criminal record will make it harder to achieve everything you came to this country to do. If you’ve been accused of a deportable offense in Arizona, you should discuss your case with experienced criminal defense attorneys as soon as possible. Our dedicated criminal defenders offer competitive rates and start the process with a free initial consultation by phone. Hire Arizona’s leading criminal defenders to protect everything you’ve worked so hard to build. Schedule your free consultation with My AZ Lawyers today by calling 480-833-8000.