Drug Charges & Immigration in Arizona: What Puts You at Risk (and How to Protect Yourself)
If you’re a documented or undocumented immigrant in Arizona, a drug arrest can put your status—and your future—on the line. Many drug offenses are deportable, and even “minor” cases can trigger ICE involvement. If Tempe PD, DPS, or a campus officer at ASU has cited or arrested you, getting the right lawyer involved immediately is critical.
Can Drug Charges Lead to Deportation?
Short answer: yes—often.
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Controlled-substance convictions (possession, use, paraphernalia, sales, transport, manufacture) are generally deportable offenses under federal immigration law.
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There’s a narrow exception for simple possession of ≤ 30 grams of marijuana for personal use—but the details matter, and paraphernalia or “for sale” allegations can blow that protection.
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Drug trafficking (even a small sale) is treated as an aggravated felony—which can mean mandatory detention, removal, and bars to most relief.
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You don’t always need a conviction to have immigration problems: admissions of drug use, a “reason to believe” someone trafficked drugs, or certain diversion outcomes can still cause inadmissibility or trigger removal proceedings.
Important: What counts as a “conviction” for immigration is broader than you think. A plea + any punishment (probation, classes, fines) can be a “conviction” for immigration—even if Arizona later dismisses or sets aside the case.
“Crimes of Moral Turpitude” (CIMTs) & Drug Cases
Some drug cases also include facts that make them CIMTs (e.g., fraud, violence, theft as part of the conduct). A single CIMT can cause problems; two CIMTs or a CIMT within certain timeframes can be deportable too. Prosecutors sometimes stack charges—don’t ignore the “little” add-ons.
Common Tempe Scenarios We See
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Traffic stop near ASU → car search → pills not in your name / THC vape / cocaine residue
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Package interceptions (mail/UPS/FedEx) tied to your address
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Paraphernalia only cases (papers, pipe, scale, baggies)
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Text messages cited as “intent to sell”
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Diversion offers that look great for criminal court but destroy immigration options
Defense Goals When Immigration Is in Play
A good Tempe defense doesn’t just aim to “win the case”—it aims to protect status and relief:
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Suppress bad stops & searches (no probable cause, invalid consent, dorm/apartment issues).
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Negotiate to a non-deportable offense (e.g., non-drug substitute counts) when evidence is strong.
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Avoid “drug related” admissions in plea paperwork.
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Structure diversion so it isn’t an immigration “conviction.”
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Vacate/withdraw past pleas if they were legally defective or your rights weren’t explained.
This is where criminal + immigration strategy has to be coordinated. Don’t accept a quick plea without asking how it lands in immigration court.
What to Do Right Now
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Do not discuss your case with police, probation, or “investigators.” Use your right to remain silent.
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Do not sign plea/diversion forms before a lawyer reviews immigration impact.
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Tell your attorney your exact status (USC/LPR/visa/undocumented, prior entries, pending petitions). Confidentiality protects you.
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Move fast. Early motions and negotiations often decide whether ICE gets involved.
We Handle Drug + Immigration Consequences Every Day
Ted Law — Tempe Criminal Defense & DUI
We defend drug cases across Maricopa County with an eye on both courtrooms: criminal and immigration. From simple possession to “intent to sell,” we work to suppress evidence, reframe charges, and protect your path to stay in the U.S.
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Free, confidential consultation (24/7)
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Phone: (602) 453-3100
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Email: paralegal@tedlaw.net
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Office: 2233 W Baseline Rd, Suite C-101, Tempe, AZ 85283
If you’re an immigrant facing a drug charge in Tempe, don’t gamble your status on a one-size-fits-all plea. Call Ted Law before you take another step.