Crimes That Can Make An Immigrant Deportable

Deportable Criminal Offenses

When an immigrant, including those who have green cards, find themselves charged with a crime, they face the very real threat of deportation. In legal speak, crimes of “moral turpitude” or “aggravated felonies” are all but certain to lead to deportation. However, having a lawyer on your side who is skilled in the areas of immigration and criminal law can help you build a strong defense against removal proceedings.

At the law firm of , our attorneys handle both immigration and criminal defense matters for people throughout Michigan. We are prepared to put our experience to work for you.

Types Of Crimes That Will Lead To Removal Proceedings

A criminal conviction does not necessarily mean that you will be at risk for deportation. In general, “petty offenses,” such as shoplifting or other crimes where the punishment cannot exceed one year in jail, will not trigger removal proceedings. Crimes of moral turpitude, loosely defined as those involving dishonesty, theft or violence, and aggravated felonies, such as drug trafficking, place an immigrant at much greater risk of deportation. Examples of these types of crimes include:

Fraud

In the eyes of immigration law, fraud is almost always classified as a Crime Involving Moral Turpitude (CIMT) because it involves intent to deceive. Furthermore, under federal law, if a fraud or tax evasion offense results in a loss to the victim or government exceeding $10,000, it is automatically categorized as an Aggravated Felony. This includes offenses like identity theft, credit card fraud, insurance fraud, and healthcare fraud.

Robbery

Unlike simple theft, robbery involves taking property directly from a person through the use of force, fear, or threats. Because of the element of violence or threatened violence, Michigan robbery convictions (both armed and unarmed robbery) are classified as crimes of violence. Under federal immigration statutes, a crime of violence with a sentence imposed of one year or more is considered an Aggravated Felony, making deportation nearly certain.

Aggravated DWI/DUI

While a standard, first-time Operating While Intoxicated (OWI) in Michigan generally does not trigger deportation, an Aggravated DUI carries severe immigration risks. An OWI becomes aggravated—and potentially deportable—if it involves operating a vehicle under the influence with a child in the car (endangerment), causes serious injury or death, occurs while driving on a suspended license, or if it is a multiple-offense felony DUI.

Rape / Criminal Sexual Conduct (CSC)

Under federal immigration law, rape and sexual abuse of a minor are explicitly listed as Aggravated Felonies. In Michigan, convictions for Criminal Sexual Conduct (CSC)—especially First, Second, and Third Degree—carry severe mandatory sentences and are treated with zero tolerance by immigration authorities. A conviction will almost immediately trigger removal proceedings with virtually no options for a waiver.

Possession of child pornography

Federal immigration law categorizes the possession, trafficking, or production of child pornography as an Aggravated Felony (under sexual abuse of a minor or child exploitation statutes). Even a Michigan conviction for possession or distribution of sexually explicit matter involving minors, which might be negotiated down in state court, will still result in an automatic federal immigration detainer and deportation tracking.

Weapons charges

Immigration law has a specific, strict deportability ground for firearm offenses. Any non-citizen convicted of illegally possessing, carrying, using, selling, or manufacturing an illegal firearm or destructive device can be deported. In Michigan, charges like Carrying a Concealed Weapon (CCW) or Felon in Possession of a Firearm are immediate triggers for ICE intervention, regardless of whether the offense is labeled an aggravated felony or a misdemeanor.

If you are facing any serious criminal charge, it is important to seek legal help as soon as possible. If you are at risk of deportation, it may be possible to seek a waiver if you can show that you are not a threat to national security or if deportation would cause extreme hardship to a family member who is a legal U.S. citizen. Other defenses may be available as well. Our attorneys can help explore your options and determine the best way to proceed.

The Initial Booking and ICE Notification

When you are booked into a local Michigan jail, your fingerprints are shared with the Department of Homeland Security (DHS) via the Interoperability program. If there is a “hit” in the system regarding your immigration status, Immigration and Customs Enforcement (ICE) is automatically notified.

The ICE Detainer (Form I-247)

If ICE believes you are deportable due to a criminal offense, they may issue an ICE Detainer.

• What it is: A request to the local jail to hold you for up to 48 hours (excluding weekends and holidays) after your criminal case allows for your release (such as posting bond or completing a sentence).
• The Risk: This 48-hour window gives ICE time to arrive and transfer you into federal immigration custody.

Crimes Involving Moral Turpitude (CIMT)

The Petty Offense Exception can protect a non-citizen from being found ‘inadmissible’ if they have committed only one crime of moral turpitude. To qualify, the maximum penalty must not exceed one year, and the individual must not have been sentenced to more than six months of jail time. Because Michigan law has specific sentencing guidelines, it is vital to have a lawyer who can negotiate your sentence to fit within this exception

Frequently Asked Questions: Deportation & Criminal Defense in Michigan

Can a Green Card holder be deported from Michigan for a misdemeanor?

Yes. Many people mistakenly believe only “felonies” lead to removal. However, under federal law, certain Michigan misdemeanors—especially those involving domestic violence, drug offenses, or theft—can be classified as Crimes Involving Moral Turpitude (CIMT). If a non-citizen is convicted of a CIMT within five years of admission (where a sentence of one year or more could have been imposed), they may face deportation.

Is an OWI/DUI considered a deportable offense in Michigan?

A standard first-time Operating While Intoxicated (OWI) in Michigan is generally not a deportable offense. However, it becomes a major immigration risk if:

• It is an Aggravated DUI involving a child in the vehicle.
• It is a multiple-offense OWI.
• It is paired with a charge for driving on a suspended license.
• The incident involved drugs or a controlled substance.

Will my immigration status be safe if my Michigan criminal charges are dismissed?

Not necessarily. Even if a Michigan prosecutor dismisses your charges, U.S. Citizenship and Immigration Services (USCIS) or ICE can sometimes use your “conduct” or an “admission of guilt” (such as in a deferred sentence or a Holmes Youthful Trainee Act (HYTA) plea) as grounds for removal. In the eyes of immigration law, a “dismissal” after a period of probation is often still considered a conviction.

What is the “Petty Offense Exception” for Michigan crimes?

The Petty Offense Exception can protect a non-citizen from being found “inadmissible” if they have committed only one crime of moral turpitude. To qualify, the maximum possible penalty for the crime must not exceed one year, and the individual must not have been sentenced to more than six months of jail time. Because Michigan law has specific sentencing guidelines, it is vital to have a lawyer who can negotiate your sentence to fit within this exception.

Where are Michigan deportation hearings held?

Most individuals in Michigan facing removal proceedings will have their cases heard at the Detroit Immigration Court (located at the P.V. McNamara Federal Building). If a person is detained, they may be held at the Calhoun County Jail or other regional detention centers. Our firm provides aggressive representation for clients appearing before Michigan immigration judges.

Can I apply for a waiver if I am facing removal proceedings?

Yes. Depending on your situation, you may be eligible for an I-601 waiver or Cancellation of Removal. To win these cases, you generally must prove that your deportation would cause “extreme and exceptionally unusual hardship” to a qualifying U.S. citizen or Lawful Permanent Resident family member.