Criminal Charges as a Non-Citizen in Michigan

Any person who is not a United States citizen — whether a lawful permanent resident (green card holder), a temporary visa holder, a DACA recipient, or an undocumented individual — faces a dual system of jeopardy when charged with a crime in Michigan. The state criminal proceeding determines guilt or innocence and imposes sentences under Michigan law. But federal immigration law simultaneously classifies that same conduct through an entirely separate framework, imposing consequences that the state criminal court has no power to waive, mitigate, or set aside. Attorney William Maze has been defending non-citizens in Wayne County for over 28 years and routinely advises clients on the specific immigration consequences of every available disposition before any decision is made.

The immigration consequences of criminal charges turn critically on the specific charge to which a defendant pleads, the sentence imposed, and the procedural posture of the case. A conviction for a crime involving moral turpitude (CIMT) — a legal term that encompasses offenses involving fraud, dishonesty, intentional harm, or vile conduct — can render an LPR deportable under INA § 1227(a)(2)(A)(i) if the offense was committed within five years of admission and carried a potential sentence of one year or more. Aggravated felony convictions, broadly defined under INA § 1101(a)(43), result in near-absolute deportability, elimination of most forms of relief, and permanent bars to future admission. Even drug-related offenses that would ordinarily qualify for diversion under Michigan law may constitute deportable controlled substance violations under 8 USC § 1227(a)(2)(B).

An experienced criminal defense attorney representing a non-citizen must evaluate every disposition option through this immigration lens. In many cases, it is possible to negotiate a plea to a charge that is categorically not deportable — for example, by pleading to a disorderly conduct or malicious destruction charge rather than a theft or fraud charge — while still achieving an acceptable outcome from the state prosecution's perspective. In other cases, the structure of the sentence matters as much as the charge itself: under the "aggravated felony" definition, a theft conviction becomes a deportable offense if a sentence of one year or more is imposed, but remains non-deportable if the sentence is 364 days or fewer. These distinctions require meticulous negotiation by counsel with immigration expertise or counsel who works in coordination with immigration specialists.

Attorney Maze's office also advises non-citizen clients on the interaction between Michigan's diversion and deferred sentence programs and federal immigration law. The Michigan Holmes Youthful Trainee Act, delayed sentences, and various substance abuse diversion programs may avoid a conviction record for state purposes but may still constitute a "conviction" under INA § 101(a)(48)(A) if the defendant entered an admission of guilt. Navigating these distinctions requires a detailed case-by-case analysis. If you are a non-citizen who has been charged with any crime in Michigan, contact Attorney Maze immediately before entering any plea or accepting any disposition offer.