Can You Get Deported for a Misdemeanor?

Immigration laws in the U.S. give the government the authority to deport people for a host of reasons. This includes being found guilty of a crime.

So, can any criminal conviction, even a misdemeanor, lead to deportation? The short answer is yes, especially if the misdemeanor qualifies as a crime of moral turpitude. New laws have made it even easier for U.S. Immigration and Customs Enforcement (ICE) to detain and deport immigrants based on their criminal history.

In this article, we’ll discuss what types of misdemeanors could lead to deportation. It also explains how the new Laken Riley Act affects non-citizens with a criminal record.

Becoming a U.S. citizen or legal resident isn’t easy. It can take years to achieve legal status, and the last thing anyone wants is to risk deportation. If you’re facing criminal charges, it’s critical to consult a criminal defense attorney. If you’re facing deportation or have to attend a removal proceeding, contact a local immigration attorney right away. They can provide confidential guidance regardless of your immigration status.

Who Is Subject to Deportation?

The United States government can deport anyone who violates U.S. immigration laws. This applies to people of any immigration status, including:

• Non-citizen green card holders
• Lawful permanent residents
• Non-immigrant visa holders

Naturalized citizens can also face deportation if their citizenship is revoked through denaturalization. However, this is extremely rare. It usually occurs when someone is found to have obtained their citizenship through fraud.

Unless you’re a citizen by birth, you may be subject to removal if you’re found guilty of any deportable crime. Let’s take a detailed look at what constitutes a deportable crime.

Which Criminal Offenses Are Deportable Crimes?

The most common violations that result in deportation are criminal convictions for dangerous felonies, such as:

• Murder
• Rape
• Arson

The government can begin removal proceedings if the state finds you guilty of some misdemeanor crimes as well. This doesn’t mean that you’ll automatically have to leave the country if you’re found guilty of a misdemeanor. Federal law stipulates that certain misdemeanor offenses are considered deportable crimes.

The government deems people guilty of crimes involving “moral turpitude” and aggravated felonies as being subject to deportation.

Crimes of Moral Turpitude

The Immigration and Nationality Act (INA) does not explicitly define crimes of moral turpitude. The courts have held that a crime of moral turpitude is an offense so reprehensible that it “shocks the conscience.” This includes violent crimes and offenses that violate trust.

Examples of crimes of moral turpitude include the following:

• Embezzlement
• Fraud
• Money laundering
• Burglary
• Armed robbery
• Perjury
• Shoplifting
• Tax evasion
• Incest
• Drug crimes
• Any crime involving controlled substances, including drugged driving
• Driving under the influence (DUI)

If you’re a noncitizen and face charges for any of these crimes, consulting a criminal defense attorney is probably a good move. Not only will a misdemeanor conviction result in severe criminal penalties, but it may also lead to deportation.

Aggravated Felonies

According to the Immigration and Nationality Act, the following crimes qualify as aggravated felonies for immigration purposes:

• Murder
• Firearm offenses
• Drug trafficking
• Rape
• Theft
• Child pornography

The act also deems any violent crime with a potential penalty of more than one year in prison a deportable offense.

Some crimes the INA lists as aggravated felonies can be charged as misdemeanors. Theft, failure to appear in court under a court order, and certain crimes of violence are misdemeanors. A conviction of any of these crimes may lead to deportation.

Petty offenses with a penalty of less than one year in jail usually do not constitute crimes of moral turpitude. Keep in mind that if you are found guilty of more than one petty misdemeanor, it may be grounds for deportation.

Other Crimes That May Lead To Deportation

The above crimes are not the only deportable offenses under the Immigration and Naturalization Act. Under federal law, a person may face deportation if they are guilty of other crimes as well.

According to the INA, a conviction of the following crimes may also make an immigrant deportable:

• Domestic violence
• Child abuse and neglect
• Stalking
• Human trafficking

Immigration laws can be confusing, especially for people who aren’t familiar with American law. Speaking with either a criminal defense attorney or an immigration lawyer after an arrest should be one of the first things you do.

The Laken Riley Act of 2025

In January 2025, President Donald Trump signed the Laken Riley Act. The act was named for a young girl named Laken Riley, who was killed in 2024 by Jose Antonio Ibarra.

Ibarra entered the country illegally from Venezuela in September 2022. He lived in New York City for a time, where he was facing charges for driving without a license and for acting toward a minor in a way that was deemed likely to cause injury.

Ibarra left New York and moved to Athens, Georgia, where he was arrested for theft. While the charges were pending against him, he killed Riley through blunt force trauma to the head and asphyxiation. The state convicted him of aggravated assault and felony murder.

The rationale behind the Laken Riley Act was that, had the government detained or deported Ibarra while the criminal charges in New York and Georgia were pending, he would not have had the opportunity to kill Riley.

The Laken Riley Act (LRA) was not the first law to require the detention of immigrants with a criminal history. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This law gave the federal government, through ICE, the authority to detain immigrants with a criminal record without bail during their immigration proceedings.

The IIRIRA only applied to immigrants who allegedly committed or were guilty of aggravated felonies. Prior to this 1996 law, the following crimes qualified as aggravated felonies:

• Murder
• Drug trafficking
• Illicit firearm trafficking

The IIRIRA expanded the definition of aggravated felonies to include any crime punishable by more than one year in jail or prison.

The Laken Riley Act of 2025 went a step further. It states that anyone who commits a crime of moral turpitude or theft-related crime is subject to detention without bail or bond during immigration proceedings.

Earlier laws limited the government’s power to detain immigrants convicted of specific crimes. The LRA expanded the government’s authority to include the following noncitizens, regardless of their immigration status:

• People facing criminal charges
• Someone who confessed or admitted that they had committed a crime
• A person with a criminal history
• Someone arrested for a crime

The LRA also allowed the IIRIRA to include additional crimes, such as:

• Drunk driving (DUI)
• Assault against a law enforcement officer
• Any other crime that results in serious bodily injury or death

Courts That Handle Deportation for Criminal Convictions

In the U.S., both criminal and immigration courts handle deportation cases involving criminal charges or convictions. If the state convicts you of a qualifying crime, U.S. Citizenship and Immigration Services (USCIS) will also intervene.

In general:

• Criminal courts handle the proceedings for the criminal charge
• Immigration courts handle removal proceedings

Cases involving deportation for a criminal conviction first go before a judge in a criminal court. Some portions of the proceedings will also take place in an immigration court before an immigration judge. This part of the process is called deportation proceedings.

You May Need To Consult a Criminal Defense Lawyer

When facing deportation or removal proceedings, it’s normal to talk to an immigration lawyer. If you’re facing criminal charges, you should meet with a criminal defense attorney as well.

Your criminal lawyer will work hard to reduce charges and help avoid a conviction. They will also work with your immigration attorney and keep them updated on any developments in your criminal case.

Whether you’re undocumented or have overstayed your visa, you need to protect yourself. Your lawyer will honor the attorney-client privilege. They will not disclose your private information to an outside party, including the U.S. government. Their job, like your immigration lawyer, is to protect your rights and achieve the best possible outcome.

Although misdemeanor crimes are not typically serious offenses, they can still be grounds for removal from the United States.

An Experienced Immigration Lawyer Can Help

Determining whether a criminal conviction or criminal charges will get you deported can be very complicated, especially since state and federal laws come into play. It’s always a good idea to consult with an experienced immigration attorney if you are concerned about potential removal proceedings.

Even if someone is convicted of a crime, that doesn’t guarantee they’ll be removed from the United States. Relief options may be available even with a deportable conviction.

Everyone’s case is different, and there are no guaranteed outcomes in immigration proceedings or a criminal trial. Getting legal advice right away offers the best chance of protecting your rights.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal advisors in your area. Your search results will also show important details about potential lawyers, including their ratings, contact info, and whether they offer free consultations.