When someone is in the United States illegally and is convicted of certain offenses, the prosecution may request a judicial order of deportation. This order can only be requested if the conviction will make the person deportable on the following grounds:
-- Aggravated felony: The Immigration and Nationality Technical Corrections Act of 1994 added more aggravated felony offenses that a conviction can mean someone is deportable. Some of those offenses include murder, crimes of violence with a sentence of at least five years in prison or owning, managing, supervising or controlling a prostitution business.
-- Multiple convictions for criminal offenses: If an illegal immigrant is convicted of an offense involving moral turpitude two or more times from two or more instances, then he or she is deportable. The offenses do not need to be felonies for this to apply.
-- Crimes of moral turpitude: If an illegal immigrant is convicted of a crime dealing with moral turpitude, the crime occurred within five years of when he or she entered illegally and he or she is sentenced to one year or more in jail or prison, the person is deportable. Crimes of moral turpitude include those that have "conduct that shocks the public conscience."
If you are charged with one of the above crimes and are an illegal immigrant, you will need to present a strong defense in order to avoid a conviction. You may wish to consider a plea bargain as well if it means avoiding being deported. Your attorney can help you learn more about your legal options and advise you on how to proceed.
Source: Offices of the United States Attorneys, "1934. Appendix D -- Grounds For Judicial Deportation," accessed July 21, 2016