When a Criminal Charge Can Lead to Deportation

Federal immigration law contains a sweeping set of provisions that render non-citizens deportable based on criminal convictions. These grounds of deportability are codified at 8 USC § 1227(a)(2) and operate independently of — and often more harshly than — the state criminal penalty. A non-citizen who receives probation or a suspended sentence for a misdemeanor theft conviction may walk out of the Wayne County courthouse with no jail time, yet face mandatory detention and removal proceedings initiated by ICE the same week. The severity of the immigration consequence is not proportional to the severity of the state criminal sentence; it is determined entirely by the federal statutory classification of the offense.

The most consequential category of deportable offenses is the "aggravated felony," defined at 8 USC § 1101(a)(43). Despite its name, an aggravated felony under immigration law includes many offenses that are charged as misdemeanors under state law. Drug trafficking (including delivery of marijuana regardless of amount), theft with a sentence of one year or more, fraud with a loss to the victim of $10,000 or more, sexual abuse of a minor, and murder are all aggravated felonies. A non-citizen convicted of an aggravated felony is deportable, permanently inadmissible, ineligible for cancellation of removal, and subject to a permanent bar to future admission to the United States. There is no form of discretionary relief available once an aggravated felony conviction is established.

Crimes involving moral turpitude (CIMTs) form the second major deportation ground. Under INA § 1227(a)(2)(A)(i), a single CIMT committed within five years of admission and carrying a potential sentence of one year or more renders an LPR deportable. A second CIMT conviction at any time after admission also triggers deportability. The definition of moral turpitude is notoriously vague and has been developed through an extensive body of Board of Immigration Appeals (BIA) precedent. Fraud, theft, assault with intent to cause serious bodily injury, domestic violence, and sexual offenses have all been held to involve moral turpitude. Critically, even a crime that does not result in imprisonment — or one that is dismissed after probation — may constitute a CIMT conviction under INA § 101(a)(48) if the defendant admitted guilt.

Attorney Maze approaches every non-citizen criminal case by first identifying the deportation risk of each potential disposition and then negotiating the most immigration-safe resolution consistent with the defendant's interests in the criminal case. This often means accepting a plea to a charge that carries a greater state penalty but a lesser immigration consequence — a trade-off that non-citizen clients frequently find worthwhile when properly advised. Where a conviction is unavoidable, meticulous attention to sentence structure can sometimes prevent an offense from crossing the threshold into aggravated felony territory. If you are a non-citizen facing criminal charges in Detroit, call Attorney Maze immediately to ensure your immigration status is protected throughout the criminal process.