Does having a criminal record make immigration detention more likely?

Yes, generally a criminal record can significantly increase the likelihood of detention, or make continued detention more likely to be upheld at a review, particularly where the record is relevant to a danger-to-the-public assessment or suggests an ongoing risk. The nature, recency, and seriousness of the record all matter — a single, older, less serious matter is generally weighed quite differently from a recent, serious, or repeated pattern of offending.

A criminal record doesn't automatically mean detention will be ordered or continued, though, since the Immigration Division still has to weigh the specific facts against the availability of alternatives and the person's overall circumstances, including any evidence of rehabilitation, stability, or changed circumstances since the record was created. A record that is old and isolated, with strong evidence of a changed life since, is a very different case from an ongoing pattern of concerning conduct.

Because how a criminal record is presented and contextualized at a detention review can significantly affect the outcome, anyone with a criminal history facing detention or a detention review should work with a lawyer to present that history accurately and in full context, including any evidence of rehabilitation, rather than hoping it goes unaddressed.