In the United States, there are approximately 50.2 million people who are foreign-born, which represents about one-seventh (1/7) of the country’s entire population¹. Today’s highly charged climate on the topic of immigration requires these people to know what events can bring an individual to the attention of Immigration and Customs Enforcement (ICE).
One of the most common crimes a foreign-born person can be convicted of and draw ICE’s attention is domestic violence (DV). In Colorado, domestic violence is defined as: an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence“ also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.²
The plain wording of the statute indicates that DV is defined very broadly in Colorado, affording prosecutors great discretion to charge someone with the crime. Under the above law, “intimate relationship” is defined as “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”³
If a person commits a violent criminal offense against a significant other, the charging document will have typed somewhere on the face of the document the words “domestic violence.” If a jury determines that the crime or crimes for which a defendant is convicted involve domestic violence, there are special sentencing consequences attached to such a conviction.4
Here’s where the law gets complex because it involves the interaction of federal and state law. Under 8 U.S.C. § 1227(a)(2)(E)(i), an alien who is convicted of a domestic violence crime is deportable. federal law has its own definition of domestic violence. It is defined as a “crime of violence” under 18 U.S.C. § 16: an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. Furthermore, a domestic violence conviction may also be treated as a crime involving moral turpitude (CIMT) by federal immigration authorities and serve as a bar to reentry into the United States.5
A domestic violence conviction can have severe immigration consequences for the affected individual. If the immigrant is undocumented, a DV conviction – even if the person received no incarceration time – can make the individual deportable and ineligible for re-entry. A person holding a “green card” who gets a domestic violence conviction can be deported pursuant to I.N.A. § 237(a)(2)(E), or may be denied naturalization because of a lack of good moral character. Visa holders (whether a visitor, student or work) can have their permission to stay in the country revoked.
What are good defense strategies for the immigration client facing a domestic violence charge? The most effective is to enter a plea to a charge that is not removable under federal immigration law. However, this can be tricky. Simply removing the “domestic violence” label from the Colorado charging document is insufficient. The underlying crime (such as third degree assault) may still involve an element of force. The force element can still serve as a basis to find the immigrant deportable. That element has to be addressed as well in any plea negotiation.
There are also procedures an immigrant with a new DV conviction can undertake if ICE has identified the person for removal and he or she has moved into immigration court, such as family hardship cancellation of removal orders, waivers, and successful petitions under the Violence Against Women Act. Those are beyond the scope of this article; however, a person facing deportation should be aware of them.
To summarize: an immigrant under any status (whether documented or undocumented) facing a domestic violence charge in Colorado should not face this matter alone. The relevant state and federal law can be complex, and a wrong decision during the process can lead to a result which sends the immigrant permanently out of the country. Having an attorney knowledgeable in both criminal and immigration matters is essential to successfully contest the case.
Questions? Contact us for a free consultation.
- https://usafacts.org/answers/how-many-immigrants-are-in-the-us/country/united-states/
- § 18-6-800.3(1), C.R.S. (2025)
- § 18-6-800.3(2), C.R.S. (2025)
- § 18-6-801, C.R.S. (2025)
- I.N.A. § 237(a)(2)(A)(i)
