If he is in the US illegally, yes, there is a good chance he will get deported.
Talk to an immigration attorney, if he has been here for more than 10 years, there is a chance.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
Not going to find the answer you seek here. The best advice anyone can give you is to make appointments with a few immigration attorneys explain all of the relevant facts and determine if one can help you. The only thing that is certain is that without an attorney deportation is almost certain.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
What was he arrested for? What is he being charged with? What is his past criminal history, here and in any other country? When and how did he first enter, or attempt to enter the U.S.? Since his first entry, has he left the U.S.? When? When and how did he return? Has he ever had any prior contact with immigration authorities? Has anybody ever filed immigration paperwork for him in the past? Was he married before? What about you? What is your criminal record? Where is he from? Is he afraid of going back? If so, why? Was he ever the victim of a crime here in the U.S.? If so, what happened? Has he ever lied about his status in the U.S.? If so, when and how? This is just a sample of the questions that you, or he, will need to answer when you meet with an immigration attorney to analyze his options.
Also, and this is extemely important, you need to work with a criminal defense attorney who is aware of his immigration situation, and aware of the consequences of various convictions on his immigration plans. If his attorney is not familiar with immigration law, then she needs to coordinate with your immigration attorney.
Don't make the mistake of thinking you can deal with the immigration issues AFTER the criminal case is over. Very frequently, what happens in the criminal court will dictate what options are available, or not available, in immigration court. You obviously want to deal with the criminal issue now in order to leave him in the best position possible when he appears before an immigration judge.
You should talk to an attorney familiar with both criminal and immigration because I agree with my colleague that his immigration options are going to be largely affected by what happens in his criminal case. Depending on what happens in the criminal case, he might be eligible for bond. There are a lot of questions that an experienced attorney would need to go through with your boyfriend to determine if something can be done for his immigration case. Going back though, certain criminal convictions can keep him from having any chance with immigration.
This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.