# Arresting non citizens

**URL:** <https://boards.straightdope.com/t/arresting-non-citizens/299604>\
**Category:** Factual Questions\
**Created:** [April 16, 2005, 5:20am UTC](https://boards.straightdope.com/t/arresting-non-citizens/299604 "2005-04-16T05:20:41Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Nobody](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@Nobody](https://boards.straightdope.com/u/Nobody)\
**Post date:** [April 16, 2005, 5:20am UTC](https://boards.straightdope.com/t/arresting-non-citizens/299604/1 "2005-04-16T05:20:41Z")

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Here, in the USA, say somebody from a foreign country, here on some sort of VISA, or with a green card, or whatever, commits a crime, say, murder…

1. If convicted, could they be sentenced to a state prison or penitentiary?
2. If so, what happens if the sentence is past the expiration date on their VISA?

Thanks.

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**Author:** ![TheLoadedDog](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@TheLoadedDog](https://boards.straightdope.com/u/TheLoadedDog)\
**Post date:** [April 16, 2005, 5:51am UTC](https://boards.straightdope.com/t/arresting-non-citizens/299604/2 "2005-04-16T05:51:43Z")

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They are subject to American law. That is one of the main conditions of entry. However, their home country may well have an extradition treaty in force with the US, in which people wanted by the police in the country where they are not physically present may be arrested by the authorities in the country where they are and returned to the other country. A part of this deal is often that a citizen of country X arrested in the United States for a crime committed in the United States may be able to serve his or her custodial sentence in the home country. This is a subject of much diplomatic politicking and does not necessarily happen in any given case, treaty or no.

If are charged with a crime, your visa becomes fairly unimportant.

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [April 16, 2005, 5:52am UTC](https://boards.straightdope.com/t/arresting-non-citizens/299604/3 "2005-04-16T05:52:14Z")

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> [@Master Control](#):
>
> Here, in the USA, say somebody from a foreign country, here on some sort of VISA, or with a green card, or whatever, commits a crime, say, murder…
> 
> 1. If convicted, could they be sentenced to a state prison or penitentiary?

Yes, happens all the time.

> [@](#):
>
> 1. If so, what happens if the sentence is past the expiration date on their VISA?

Usually they serve their sentence and then get immediately deported.

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**Author:** ![Nobody](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@Nobody](https://boards.straightdope.com/u/Nobody)\
**Post date:** [April 16, 2005, 5:57am UTC](https://boards.straightdope.com/t/arresting-non-citizens/299604/4 "2005-04-16T05:57:45Z")

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Thank you.  
Yeah, I figured that foreigners could be arrested, but then I thought, if they’re being held on a state charge and their federal VISA runs out, would there be a state/federal conflict. But I guess not. Thanks again.