Introduction

While the federal government makes the ultimate decision whether to admit or deport a noncitizen, the states often play a crucial role.  Several provisions of federal immigration law that trigger deportation depend in large part on crimes that are defined, charged, and sentenced at the state level.  Even a conviction for a low-level crime for which a state imposes no jail time can result in serious immigration consequences-including deportation.

Some states are adopting policies to take account of the immigration consequences of criminal convictions.  This explainer will briefly review the intersection of state criminal law and federal immigration law.  It will then outline several ways in which states are exercising their authority over state criminal law and procedure to influence federal immigration enforcement.

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