Defense Strategies for Immigrants Facing Criminal Charges in NYC

If you’re facing criminal charges in the United States as an immigrant, it’s important that you understand what can happen next. While the United States has a robust immigration policy and criminal justice system in place, mistakes happen, and when they do, they can severely impact a person’s life. That’s why it’s critical to know these defense strategies for immigrants facing criminal charges in NYC.

Immigrants in New York City

New York is home to approximately 3.3 million immigrants from more than 150 countries. From 2022 to 2025, approximately 233,000 people have sought asylum through New York City’s system. In order to keep up with the growing need, the city has around 180 city-funded sites and nine humanitarian relief centers to shelter people.

New York’s immigration laws dictate how to handle the many people who enter the country each year, as well as the removal of those people when necessary. Deportation and removal orders can be the result of any number of situations, but the most common is due to a person facing criminal charges.

Of the 4,667 arrests made by ICE in fiscal year 2024, 650 of them were either due to pending criminal charges or a criminal conviction. Some of the most common causes of deportation in the United States are due to aggravated felony convictions, domestic violence offenses, drug crimes, fraud convictions, sex crimes, theft offenses, and weapons possession.

Four Defense Strategies for Immigrants Facing Criminal Charges in NYC

Facing criminal charges can be scary and stressful on its own. Facing criminal charges as an immigrant can amplify anxieties and make cases more complex, too. Fortunately, an NYC immigration defense attorney can help you bolster your defense to secure an optimal outcome. There are a handful of common defenses attorneys use against criminal charges for immigrants in New York City:

1. Credibility of the prosecution’s account. The prosecution must be able to prove your guilt in order for you to be convicted of criminal charges in New York City. By challenging the strength or validity of their evidence, you can test the foundation of their case against you. This can include undermining the credibility of any witnesses believed to be inconsistent in their testimony or intentionally lying.
2. Exculpatory evidence. One of the strongest ways you can defend against criminal charges in New York City is to present evidence that proves your innocence. This can include any documentation, photographs, videos, or witness statements that support your claims of innocence.
3. Presumption of innocence. As an immigrant, you have the right to be presumed innocent until proven guilty. This means that the prosecution must prove beyond a reasonable doubt that you have committed the offense. Asserting this presumption of innocence can force the presentation of stronger evidence or drop the charges.
4. Violation of constitutional rights. Like U.S. citizens, immigrants in the United States have legal rights under the Constitution. Regardless of your status, you have the right to be free from illegal search and seizures, the right to due process, and the right to remain silent, among others. If law enforcement, the prosecution, or the court violates these rights, the case against you can weaken.

There may be other avenues you can explore depending on the circumstances of your unique situation. Judges can look at things like your criminal history, employment history, family relationships, tax payment history, and time spent in the United States to determine whether or not to deport someone.

Criminal charges can put your immigration status at serious risk, which is why it’s important to understand how to defend yourself. By working with a NYC immigration lawyer, you can present a strong case for yourself and improve your chances of staying in the country after being charged with a crime.

FAQs

Q: How Do I Defend Myself in a Criminal Case as an Immigrant in New York City?

A: Building a defense against criminal charges can be complicated enough on its own; building a defense as an immigrant can be even more challenging. The key to a solid defense against criminal charges is evidence. In order to defend yourself, it’s important to collect strong evidence such as photos, records, videos, and witness statements. Your immigration defense attorney can help with this process.

Q: How Do I Avoid Deportation Due to a Felony in New York City?

A: It can be difficult to avoid being deported if you receive a felony as an immigrant in New York City, but it’s not impossible. Your immigration attorney can help you explore other avenues, such as changing your visa status or applying for asylum. They can also work to reduce your charges to decrease the chance of a deportation order as a part of your sentence.

Q: Does New York City Protect Immigrants?

A: New York has been a sanctuary city for immigrants since the 1980s, which essentially meant local law enforcement wasn’t overly cooperative with federal investigations and did their part to keep immigrants safe. However, the recent change in presidential administration has left the state of immigration in New York in a questionable place. Still, New York City does have laws and policies in place to keep people with immigrant status safe.

Q: How Can a New York City Immigration Lawyer Help With My Case?

A: Defending yourself as an immigrant can be challenging, which is why it’s highly recommended to work with a local immigration defense lawyer. Your attorney can help you build a solid defense to either prove your innocence or at least reduce your charges. They can handle any number of tasks, from giving simple advice to representing you in court.

Talk to a Criminal Defense Attorney in New York City to Discuss Your Case in More Detail

Don’t let criminal charges threaten your immigration status. Reach out to a skilled immigration lawyer to discuss your case, so you can have peace of mind knowing you get to go home when all is said and done.

Your attorney can explain the nuances of your case, help build a defense, and give you a fair chance at a positive outcome for your case. If you’re ready to get started, our team at Pollack, Pollack, Isaac & DeCicco is here to help. Call us to set up an appointment today.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

View all posts by Conrad E. Pollack →