Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

A: It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's immigration status and trigger removal proceedings, depending on how serious the underlying charge is and whether the person has any other prior convictions—especially for other CIMT.

Based on the information you provided, I would imagine that the underlying charge level is a petty misdemeanor, which is the lowest level of a theft offense in Minnesota. A petty theft offense in Minnesota is one where the value of goods stolen is <$500 and that carries a maximum punishment cannot exceed 90 days in jail. It is also possible that the person will only receive a citation, which is a fine-only offense that is not even punishable by jail time. Whatever the case may be, if the value of goods stolen is $60 and the person has no other convictions, we can safely assume that petty misdemeanor theft is the highest criminal offense level that they can be charged with. As a result, their immigration status almost certainly will not be affected by it even though it technically counts as a CIMT—and here's why:

The Immigration and Nationality Act contains a provision called the "Petty Theft Exception" which is a one-time exception to the rule for non-citizens who commit CIMTs. The “petty offense” exception is fairly straightforward and applies to a noncitizen who:

(1) commits only one CIMT during their lifetime; (2) for which the maximum possible penalty is less than one year; and (3) the person's sentence does not exceed a term of six months in jail. See INA § 212(a)(2)(A)(ii)(II).

If all three prongs of these prongs are met, then the petty theft exception must apply. The Board of Immigration Appeals ("BIA"), which is the highest authoritative body when it comes to interpreting and applying immigration laws, has stated that "the relief afforded by the petty theft exception is mandatory" (the case regarding this is called "In re Salvail" and was issued by the BIA in 1979). This means that an immigration officer does not have the authority or discretion to trigger removal proceedings against a noncitizen who qualifies for the petty theft exception.

Here, the person has no prior CIMTs on their record—which satisfies prong #1. The value of merchandise stolen was $60, which means we cans safely assume that the highest charge level will be a petty misdemeanor that carries a maximum possible sentence of 90 days in jail—which satisfies prong #2 and #3. Based on the information you provided, the petty theft exception will almost unequivocally apply and their immigration status will remain unaffected. Bear in mind that the petty theft conviction is a one-time exception to the rule, and any subsequent convictions for CIMTs and crimes of dishonesty may trigger removal proceedings.

I hope this information helps. Best of luck to you and the person that you speak of.

A: It will not affect their green card unless they have other prior convictions of theft or those that evince bad character or moral turpitude. This alone probably won't because of a rule called the "Petty Theft Exception," which is exactly what it sounds like: a one-time exception to the rule against deportable offenses when that who commits a single act of low-grade theft during their time in the United States. Deportable offenses drastically vary between jurisdictions and are often arbitrarily applied, but as a general rule, it is a good idea to remain lawful if a person wishes to remain a lawful permanent resident of the United States.

A: I agree with Sarah and Susanne. Based on your information and Sarah’s analysis of Minnesota law, this individual won’t be deported for a single crime involving $60 of merchandise theft.

This person should become a naturalized U.S. citizen with the help of a lawyer. Becoming a U.S. citizen will prevent possible deportation if additional crimes are committed in the future and prevent problems when this individual attempts to reenter the U.S. if he/she ever exits this country. This person should not leave the U.S. without consulting an immigration lawyer, preferably one licensed in Minnesota.

A: It's important for non-citizens facing any criminal charge to consult with an Immigration Lawyer about their situation and implications on current and future immigration status. Having said that, as a Criminal Defense Lawyer, my understanding that a misdemeanor theft conviction is considered to be a "Crime of Moral Turpitude" under US Immigration Code; and that, only one conviction for only one misdemeanor "Crime of Moral Turpitude," alone - will not trigger ICE to commence Removal (Deportation) proceedings. However, two (or more) convictions for misdemeanor "Crimes of Moral Turpitude," will trigger ICE to commence Removal (Deportation) proceedings. In addition, a non-citizen with current "Permanent Resident" status who applies for Naturalization (citizenship) normally must show at least five years of evidence of good moral character. But even one conviction for misdemeanor theft could prevent that. There mayt be other immigration consequences as well. Therefore, it is important to avoid both a "conviction" under Minnesota law, as well as to avoid a "guilty plea" under any circumstances (since the Immigration Court will view any guilty plea as a "conviction"). Get a good criminal defense attorney to help you achieve these important criteria.