Can Immigrants Be Deported for Shoplifting in Maryland?

For non-citizens living in Maryland, a simple mistake at a grocery store or mall can escalate into a life-altering immigration crisis. Shoplifting and theft are treated extremely harshly under federal immigration laws. Even if a Maryland state judge gives you a light sentence, the federal government may view the crime as grounds for deportation, inadmissibility, or the denial of citizenship.

If you are an immigrant facing theft charges in Baltimore, Rockville, or anywhere in Maryland, standard criminal defense strategies are not enough. You must prioritize your immigration status. We strongly advise you to use our catalog of USA Lawyers to find an attorney who specializes in both Maryland criminal law and federal immigration defense (often called 'crimmigration').

Why Theft is a Crime Involving Moral Turpitude (CIMT)

Under the 8 U.S.C. § 1182(a)(2)(A)(i)(I), non-citizens can be deported or denied entry if they are convicted of a Crime Involving Moral Turpitude (CIMT). A CIMT is generally defined as conduct that is inherently base, vile, or depraved. The federal government has long held that theft-because it involves the intent to permanently deprive an owner of their property-is a CIMT. In cases like Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (Board of Immigration Appeals 2016), immigration courts solidified the rule that taking property with the intent to steal is morally turpitudinous.

How Shoplifting Affects Specific Immigration Statuses

The exact consequences of a theft conviction depend heavily on your current visa or residency status in the United States.

F-1 Visa College Students

International students at Maryland universities who are arrested for shoplifting face immediate peril. An arrest alone, even without a conviction, can prompt the U.S. State Department to prudentially revoke your F-1 student visa. If you leave the country for a holiday, you may be denied re-entry at the airport.

H-1B Tech and Professional Workers

H-1B professionals working in tech hubs near Bethesda or Baltimore must maintain a clean record to renew their visas. A CIMT conviction can render you inadmissible. When you file for a visa extension or attempt to return from a business trip abroad, Customs and Border Protection may flag your criminal record and place you in removal proceedings at the Executive Office for Immigration Review, Baltimore.

Green Card Holders (Lawful Permanent Residents)

Even Green Card holders are not safe. If you commit a CIMT within the first five years of your admission to the U.S. as a Lawful Permanent Resident, and the crime carries a potential sentence of one year or more (which many Maryland theft statutes do), you become deportable. Additionally, a theft conviction will pause the 'good moral character' clock required to submit Form N-400, FED, USCIS, Application for Naturalization.

The Petty Offense Exception

There is a small glimmer of hope for minor shoplifting charges known as the Petty Offense Exception. You may avoid inadmissibility if you meet three strict criteria: it is your only CIMT, the maximum possible penalty for the crime in Maryland is less than one year, and you were not sentenced to a term of imprisonment longer than six months. Because Maryland's theft laws recently changed (e.g., Md. Code Ann., Crim. Law § 7-104 penalizes theft under $100 with up to 90 days), an attorney can help you navigate this specific exception.

Dangers of Civil Demand Letters and Plea Deals

Many first-time offenders in Maryland are offered Probation Before Judgment (PBJ). A traditional PBJ under subsection (b) requires a guilty plea or finding of guilt, which federal immigration authorities classify as a conviction under 8 U.S.C. § 1101(a)(48)(A). However, Maryland law provides an immigration-safe alternative under Md. Code Ann., Crim. Proc. § 6-220(c). Under this 'PBJ(c)' framework, the defendant pleads not guilty, and the court places the defendant on probation without entering a finding of guilt, preventing adverse immigration consequences. You must consult a crimmigration lawyer before accepting any plea agreement from the District Court of Maryland for Montgomery County, Rockville.

Costs in Maryland

How Long Does the Process Take?

Resolving the criminal case in Maryland District Court takes 2 to 5 months. However, if ICE issues a detainer or initiates removal proceedings, fighting your deportation in immigration court can take 1 to 3 years due to massive backlogs.

Frequently Asked Questions (FAQ)