Even if the deferred adjudication schemes discussed herein do not constitute convictions under 8 USC 1101(a)(48)(A), deferred prosecutions under RCW 10.05, drug court, and any other deferral scheme wherein a noncitizen defendant admits to drug abuse or drug addiction, or agrees to undergo treatment for drug abuse/addiction, can still be problematic.   Drug abuse and drug addiction are both a ground of inadmissibility under 8 USC 1182(a)(1) and a ground of deportability under 8 USC 1227(a)(2)(B)(ii).  These provisions do not require a conviction to be applied against a noncitizen.

This means that admissions of drug abuse and/or addiction in conjunction with these deferral schemes may be a sufficient basis to subject a noncitizen defendant to deportation/removal and/or make him/her ineligible to (re)enter the U.S., obtain lawful permanent residency (a greencard), or certain other benefits under immigration law.  The INS and Immigration Courts use a very broad test in determining drug addiction and drug abuse.  See below in Section N: Immigration Consequences of “Bad Acts,” and Chapter 6: Drug Offenses for more information.