Pereida v. Barr – The Supreme Court Has Made It Tougher for Undocumented Immigrants

The Supreme Court has made it harder for undocumented immigrant in the U.S. to prevent deportation. In a decision on March 4, 2021, the U.S. Supreme Court, in Pereida v. Barr, held that the petitioner, Clemente Pereida had the burden of proof to show that his conviction for using a fake social security card to get a job was not a crime of moral turpitude. If that burden is not met, then a finding that he has committed a crime of moral turpitude means that he can be prevented from obtaining certain forms of relief, including in his case, cancellation of removal.   An analysis of this decision can be found at

What does this mean? By ruling that undocumented immigrants must prove their violation was not a crime of moral turpitude it puts a greater burden on undocumented immigrants to make sure that if they pled to committing a crime, even a misdemeanor, that the crime not be considered a crime of moral turpitude.

Many individuals believe that if they have been arrested and their criminal offense is negotiated to be a misdemeanor rather than a felony, their immigration status will not be affected. That may not be the case.

What should you do? If you are not a citizen, if you are an undocumented immigrant or if you are a permanent resident (green card holder), or here on any type of work or student visa, and you are arrested for anything obtain counsel before you make any statements to the police (you have that right). Make sure you have a competent criminal attorney and a competent immigration attorney who can work together to make sure that whatever result is determined or is negotiated will not affect your immigration status, if possible.

Of course, if possible, the better course is to stay away from any possible situations (such as drinking before driving, or even getting in the car with anyone who has had a drink) that could affect your immigration status. It’s just not worth permanent inadmissibility to the United States.

I sometimes joke with my clients that as long as they are not a citizen, they must be angels. If they have citizenship and want to commit a crime and go to jail, then the only result (which is still bad) will be they go to jail. If they do not have citizenship, then they will go to jail, be removed and can never return. For people who have been in the United States since an early age and call it home, that is an unacceptable result.

But, if you are unfortunate to be in that situation, then find the right attorneys to legally assist you in trying to prevent an unfortunate result from happening.