"Just a misdemeanor" can still mean deportation for noncitizens.

The misdemeanor myth

Many clients tell us some version of the same thing: "My friend said it's just a misdemeanor, so it doesn't matter for immigration." That's wrong. Federal immigration law doesn't care about Michigan's classification of an offense as a misdemeanor or felony. It cares about whether the offense fits a federal removability or inadmissibility category.

A Michigan 93-day misdemeanor can be a crime of moral turpitude, a deportable domestic violence offense, a controlled substance violation, or even an aggravated felony under federal immigration law. The Michigan label is irrelevant to ICE.

Which Michigan misdemeanors are most commonly deportable

Domestic violence (MCL 750.81(2))

A Michigan misdemeanor domestic-violence conviction frequently triggers removability under INA § 237(a)(2)(E)(i), but the analysis is element-by-element: the offense must qualify as a “crime of violence” under 18 USC § 16(a). Because MCL 750.81(2) can be committed by an offensive touching without injury, the categorical analysis is contested and circuit-dependent after Johnson v. United States, 559 U.S. 133 (2010), and United States v. Castleman, 572 U.S. 157 (2014). For many noncitizens there is no available waiver if the conviction does qualify, and immigration consequences are independent of the criminal sentence. Do not assume immunity, but also do not assume the worst — get a record-specific opinion before any plea.

Retail fraud (MCL 750.356c and .356d)

Retail fraud — shoplifting in common terms — is treated as a crime of moral turpitude under most federal interpretations because it involves theft. For deportability under INA § 237(a)(2)(A)(i)(II), the offense must carry a possible sentence of 1 year or more. Retail Fraud 3rd Degree under MCL 750.356d (93-day misdemeanor maximum) generally sits outside that trigger as a single offense. Retail Fraud 2nd Degree under MCL 750.356c (1-year max) is on the line. Retail Fraud 1st Degree (felony) clearly falls inside. The petty-offense exception under INA § 212(a)(2)(A)(ii)(II) can also apply to inadmissibility for a single CIMT with a maximum possible sentence of 1 year or less and an actual sentence of 6 months or less.

Domestic assault, simple assault, aggravated assault

Assault offenses can be CIMTs if they involve an intent to cause harm. Simple assault without intent is sometimes argued not to be a CIMT — but the analysis is technical and depends on the exact Michigan statute and the conviction record.

Controlled substance misdemeanors

Any controlled substance offense — other than a single offense involving 30 grams or less of marijuana for personal use — is deportable. This includes simple possession misdemeanors. Michigan recreational marijuana legalization does not change this.

Stalking, harassment (MCL 750.411h, 411i)

Stalking is categorically deportable under INA § 237(a)(2)(E). Both misdemeanor and felony stalking trigger removability.

Misdemeanor firearms offenses (MCL 750.227, .227b)

Firearms offenses are categorically deportable under INA § 237(a)(2)(C). The Michigan classification doesn't matter — a firearms misdemeanor conviction makes an LPR deportable.

What about HYTA, 7411, and deferred adjudication?

Michigan has several diversion programs that avoid a formal "conviction" under state law:

• HYTA (MCL 762.11) — Holmes Youthful Trainee Act for defendants who were at least 18 but less than 26 at the time of the offense (per 2020 PA 396, effective October 1, 2021). The case is dismissed if successfully completed.
• MCL 333.7411 — Drug case deferred adjudication for first offenders. Dismissed if completed.
• Domestic violence deferral (MCL 769.4a) — First-offense DV deferred adjudication.

These help on the criminal side. The immigration analysis is more complicated. Federal immigration law defines "conviction" broadly: any formal judgment of guilt, or a plea/admission of facts plus some restraint on liberty. A guilty plea entered into a deferred program can still be a "conviction" for immigration purposes even if the case is eventually dismissed. Each Michigan diversion has to be evaluated against the federal definition before relying on it.

Sentence matters as much as the charge

Federal immigration law uses the maximum possible sentence and the actual sentence imposed to categorize offenses. Key thresholds:

• 1 year or more sentence on a theft offense = aggravated felony under INA § 101(a)(43)(G).
• Maximum possible 1 year + actual 6 months or less = petty offense exception for CIMTs.
• 5 years from admission = the window for single-CIMT deportability.

A 364-day sentence is dramatically different from 365 days. A suspended sentence still counts. Time served counts. The math has to be done before a plea is entered, not after.

What to do if you've been charged

1. Do not enter a plea until an attorney has analyzed the immigration consequences.
2. Disclose your status to your defense attorney — green card, visa, DACA, undocumented. They cannot give you correct advice without knowing.
3. Ask specifically: "Is this disposition a crime of moral turpitude, an aggravated felony, a controlled substance offense, or domestic violence under federal immigration law?" These are the categories that trigger removability.
4. If your attorney can't answer, get a second opinion from a crimmigration attorney before pleading.
5. Do not travel internationally with an open or recent criminal case without immigration advice — reentry can trigger inadmissibility findings.

Frequently asked questions