If you’re not a U.S. citizen and you’ve been arrested—even for a minor charge—you may now face immediate immigration consequences under the Laken Riley Act. This new law gives ICE the authority to detain non-citizens based solely on an arrest by state or local law enforcement, even if no conviction has occurred.

For immigrants in California, criminal cases and immigration risks are now tightly connected. Here’s what you need to know to protect your rights—and stay in the country.

What Changed Under the Laken Riley Act?

  • ICE can detain you immediately after an arrest—you don’t need to be convicted first.
  • Local law enforcement may be under increased pressure to notify ICE of your arrest.
  • Charges that previously wouldn’t trigger immigration action may now lead to deportation proceedings.

Step 1: Remain Silent About Immigration Status

Do not speak to police, jail staff, or ICE about:

  • Your place of birth
  • Your immigration status
  • How or when you entered the U.S.

You have the right to remain silent. Use it.

Step 2: Get a Criminal Defense Attorney Who Knows Immigration Law

Many criminal defense lawyers don’t fully understand how a charge—or a plea deal—can affect your immigration status.

As a defense attorney experienced in representing immigrants, I work to:

  • Avoid convictions that trigger deportation
  • Negotiate “immigration-safe” pleas
  • Collaborate with immigration attorneys when needed

Step 3: Don’t Plead Guilty Without a Full Immigration Review

Even if the DA offers a “good deal,” don’t take it until we’ve reviewed the immigration impact.

A conviction—even for a misdemeanor—could:

  • Lead to deportation
  • Disqualify you from a green card or citizenship
  • Trigger mandatory ICE detention

Step 4: Know the Charges That Can Get You Deported

Immigration law is stricter than state law. Many offenses that seem “minor” under California law can carry major immigration penalties.

Aggravated Felonies

(Trigger automatic deportation)

  • Drug trafficking (H&S §11351, §11352)
  • Robbery, burglary with violence
  • Fraud over $10,000
  • Firearms trafficking
  • Sexual abuse of a minor
  • Perjury, obstruction of justice

Crimes Involving Moral Turpitude (CIMTs)

(One CIMT can trigger removal if committed within 5 years of entry)

  • Theft (Penal Code §484, §488)
  • Domestic violence (PC §273.5, §243(e)(1))
  • Fraud (checks, benefits, insurance)
  • Assault, battery, or vandalism with intent
  • Prostitution-related offenses
  • Child endangerment

Drug Offenses

  • Simple possession (H&S §11350)
  • Possession for sale (H&S §11351)
  • Drug paraphernalia (H&S §11364)
  • Being under the influence (H&S §11550)

Even diversion programs may count as convictions under immigration law.

Firearms & Violence-Related Offenses

  • Possessing illegal firearms
  • Brandishing a weapon
  • Domestic battery
  • Stalking (PC §646.9)
  • Protective order violations (PC §273.6)

Step 5: Be Aware of ICE Detainers

Even if you’re cleared to go home after posting bail, ICE can issue a detainer asking the jail to keep you until they pick you up.

In California, SB 54 limits some cooperation with ICE—but that protection is now weakened.

We act fast to:

  • Fight ICE holds
  • Secure release before ICE gets involved
  • Keep clients out of ICE custody

Step 6: We Can Help Even After a Conviction

Already have a conviction? You still have options:

  • Vacate the conviction under PC §1473.7 if you weren’t warned about immigration consequences
  • Reduce a felony to a misdemeanor under PC §17(b)
  • Request a Governor’s pardon
  • Challenge ineffective assistance of prior counsel

Step 7: Know What to Do If ICE Shows Up

If ICE agents come to your door:

  • Don’t open the door unless they have a judicial warrant
  • Don’t speak to them without a lawyer
  • Don’t sign anything

Stay calm. Call your attorney immediately.

Step 8: Be Prepared

Keep these with you at all times:

  • A copy of your immigration paperwork (visa, green card, DACA, etc.)
  • A list of emergency contacts
  • My business card or phone number

If you’re detained, your loved ones will know who to call.

Final Thoughts: One Arrest Shouldn’t Ruin Your Future

Under the Laken Riley Act, even a first-time arrest can open the door to deportation. But you still have rights—and options.

The most important thing you can do:

Don’t speak. Don’t plead guilty. Call a lawyer who understands immigration consequences.

Need Help? Contact Attorney Daniel Deng Today

If you or a loved one has been arrested and isn’t a U.S. citizen, call my office immediately. We’ll help you protect your rights—and your future in this country.