For a non-citizen a criminal charge is a terrifying ordeal. In some cases, a well-meaning criminal defense attorney might suggest a “plea deal” to a misdemeanor, promising no jail time. However, in the world of immigration law, a misdemeanor “deal” can be a one-way ticket to deportation.
Federal vs. state definitions
The main risk is how the federal government interprets state offenses. Even if Kentucky labels an offense a “Class A Misdemeanor,” the Department of Homeland Security (DHS) applies federal standards. Two situations can turn a seemingly minor conviction into a serious immigration problem:
Crimes involving moral turpitude (CIMT): This broad legal label covers conduct considered “base, vile, or depraved.” In some places, a misdemeanor for something like shoplifting or certain types of fraud may be treated as a CIMT. If a non-citizen is convicted of a CIMT within five years of entering the U.S., they could face removal proceedings.
The “aggravated felony” pitfall: “Aggravated felony” is a federal immigration category that can include offenses a local court might treat as a misdemeanor. For instance, misdemeanor theft or a “crime of violence” with a one-year suspended sentence may still qualify as an aggravated felony under federal immigration law. This often triggers mandatory deportation with little to no chance of relief.
However, there are some misdemeanors carry automatic “red flags” for federal authorities:
- Domestic violence: Under federal law, any conviction for a “crime of domestic violence,” stalking, or child abuse is a deportable offense—even if the state court only labels it a misdemeanor.
- Drug-related offenses: With the exception of a single conviction for simple possession of 30 grams or less of marijuana, almost any drug-related misdemeanor can trigger deportation and bar a person from ever becoming a citizen.
The landmark case of Padilla v. Kentucky began in state courts and changed the law nationwide. It established that criminal defense attorneys have a constitutional duty to advise non-citizen clients of the deportation risks of a plea. However, because immigration laws change frequently, a “standard” plea agreement in Louisville might not be “immigration-safe.” If you have any questions about your process, consulting an attorney can be helpful.
