In U.S. immigration law, being lawfully admitted to the country does not always guarantee permanent protection from removal. Many non-citizens including lawful permanent residents can still face deportation if certain legal conditions are met. These conditions are known as grounds of deportability.
For immigration attorneys and U.S. companies that sponsor foreign workers, understanding deportability is essential. It helps identify risk early, respond appropriately to government actions, and protect individuals and businesses from serious legal and operational consequences.
This article explains what grounds of deportability are, the main categories, how they differ from inadmissibility, and what relief options may be available.
What Are Grounds of Deportability?
Grounds of deportability are legal reasons under the Immigration and Nationality Act (INA) that allow the U.S. government to remove a non-citizen who has already been lawfully admitted to the United States.
Unlike inadmissibility, which applies to people seeking entry or a green card, deportability applies after admission whether the individual entered on a visa, adjusted status inside the U.S., or became a lawful permanent resident.
If the government determines that a person falls under one or more grounds of deportability, removal proceedings may begin in immigration court.
Key Categories of Grounds of Deportability
The INA outlines several categories under which a non-citizen may be deported. These categories cover criminal conduct, security concerns, immigration violations, and other serious offenses.
1. Criminal Offenses
Criminal activity is one of the most common triggers for deportation. However, not all crimes lead to deportability. Only specific offenses listed in the law apply.
Crimes That Can Lead to Deportation Include:
- Crimes involving moral turpitude committed within five years of admission
- Aggravated felonies, which include serious crimes such as certain theft offenses, fraud, or violence
- Controlled substance violations, including drug possession or distribution
- Firearms offenses, such as unlawful possession or use of a weapon
The timing of the crime, the sentence imposed, and the person’s immigration status all play an important role in determining deportability.
2. Security and Terrorism Grounds
National security is a top priority in immigration enforcement. A non-citizen may be deportable for activities that threaten U.S. safety or interests.
Examples Include:
- Espionage or sabotage
- Participation in terrorist activities
- Membership in terrorist organizations
These cases are treated seriously and often have limited relief options.
3. Immigration Violations
Failure to comply with immigration rules after admission can also lead to deportation.
Common Immigration-Related Grounds Include:
- Failure to register with immigration authorities
- Falsification of immigration documents
- Violating the terms of a nonimmigrant visa, such as unauthorized employment
- Smuggling of other non-citizens into the United States
For employers, visa compliance is especially important, as violations can affect both the employee and the business.
4. Public Charge Grounds
A person may be deportable if they become a public charge within five years of entry, when the cause existed before entry and was not disclosed at the time.
This ground is less commonly applied but can still arise in certain situations involving public assistance and misrepresentation.
5. Other Grounds of Deportability
Additional grounds include serious violations of U.S. law and immigration integrity.
Examples Include:
- Marriage fraud, such as entering a marriage solely for immigration benefits
- Document fraud, including false or altered immigration papers
- Unlawful voting in U.S. elections
These violations often carry severe immigration consequences and can result in permanent removal.
How Deportability Differs from Inadmissibility
Understanding the difference between deportability and inadmissibility is critical for attorneys and employers.
- Inadmissibility applies to individuals seeking entry to the U.S. or applying for adjustment of status.
- Deportability applies to individuals who have already been admitted to the U.S.
In simple terms, inadmissibility decides who can enter, while deportability determines who can stay.
An individual may be admissible at entry but later become deportable due to actions taken after admission.
Waivers and Relief from Deportation
Being charged with deportability does not always mean removal is unavoidable. In many cases, relief options may be available, depending on the individual’s history and circumstances.
1. Cancellation of Removal
Cancellation of Removal allows certain non-citizens to remain in the U.S. despite being deportable.
- Form EOIR-42A is used by lawful permanent residents
- Form EOIR-42B is used by certain non-permanent residents
Eligibility often depends on length of residence, good moral character, and hardship to U.S. family members.
2. Waivers for Certain Criminal Grounds
Some criminal grounds may be waived if the individual meets specific requirements. These waivers are highly fact-specific and require careful legal analysis.
3. Asylum or Withholding of Removal
Individuals who fear persecution in their home country may apply for:
- Asylum, or
- Withholding of removal, if they meet the legal criteria
These forms of relief focus on protection rather than status adjustment.
Common Misconceptions About Deportability
Misconception 1: Any Crime Leads to Deportation
Reality: Only specific crimes listed under INA §237 make someone deportable. Many minor offenses do not trigger removal.
Misconception 2: Lawful Permanent Residents Cannot Be Deported
Reality: Green card holders can be deported for certain criminal or immigration violations, especially aggravated felonies or fraud.
Why Grounds of Deportability Matter
For immigration attorneys, understanding deportability is essential for building effective defense strategies, identifying relief options, and advising clients accurately during removal proceedings.
For U.S. employers, deportability issues can disrupt operations, affect sponsored employees, and create compliance risks. Early identification of potential issues helps businesses protect their workforce and remain compliant with immigration laws.
Addressing deportability proactively rather than reactively can significantly improve outcomes for both individuals and organizations.
Final Thoughts
Grounds of deportability are a critical part of U.S. immigration law and can affect a wide range of non-citizens, including long-term residents and employees. While the consequences can be serious, many individuals have options when issues are identified early and handled properly.
A clear understanding of deportability grounds allows attorneys to defend their clients effectively and helps employers support their global workforce with confidence.
