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Being charged with a theft-related crime can lead to devastating consequences, including fines, imprisonment, or even deportation if you're a non-citizen in California.
A conviction could mean having to go back to a country that no longer feels even remotely like home, being separated from your family, and starting all over from scratch – again. Historically, the list of crimes that could lead to deportation was fairly limited, but new pending legislation could potentially expand that scope.
Keep reading to learn more about the potential consequences of theft charges for non-citizens in California and the role of experienced legal representation in defending against those charges.
New Legislation Could Affect Non-Citizens Accused of Theft
In January 2025, Congress proposed a bill that could lead to expedited deportation for undocumented immigrants convicted of specific crimes, including theft-related charges. While the legislation aims to strengthen border control and national security, critics warn it may violate due process and disproportionately impact those with minor or non-violent convictions.
Non-citizens in California facing theft charges need to understand their legal rights to avoid criminal convictions and potential deportation. The Law Office of Elliott Kanter specializes in defending non-citizens against such charges, providing experienced representation to protect their rights and future.
Deportation Risks for Non-Citizens Based on the Type of Charge
Traditionally, a non-citizen in the U.S. could face deportation for serious crimes, including:
- Crimes of moral turpitude: Extreme acts of dishonesty, such as fraud, grand theft, arson, forgery, receiving stolen property, and aggravated assault, fall within this category
- Aggravated felonies: Among the most serious types of crime someone can be charged with is an aggravated felony, including rape, murder, and drug trafficking.
- Domestic violence: Violence against a partner or child is included under the domestic violence umbrellas, as are stalking and child endangerment.
- Drug offenses: The possession, manufacturing, or sale of controlled substances can lead to deportation.
- Firearms offenses: Illegally possessing, purchasing, or using a firearm is included as a crime that could result in being deported.
A non-citizen in California who committed one of these crimes could face deportation, even if they were a legal U.S. permanent resident.
Consequences of Theft Charges for Non-Citizens in California
While serious theft crimes have always posed a risk of deportation, now minor theft charges for non-citizens of California can carry serious immigration consequences. This stems back to an incident that occurred in 2022 when a nursing student was murdered by José Antonio Ibarra, a non-citizen from Venezuela.
Prior to this incident, the man charged with the crime had been arrested for shoplifting. Lawmakers have labeled this tragic event as “avoidable” if only Ibarra had been deported at the time of the shoplifting incident.
While legislation is still pending, the bill has been signed by Congress, and this could result in deportation for relatively minor theft crimes like larceny, theft, and shoplifting.
Steps to Take if You Are Charged With Theft
The good news is that there are steps you can take to potentially minimize the consequences of theft charges for non-citizens in California.
- Consult an immigration-savvy attorney. When it comes to defending against theft charges, working with a lawyer who has both criminal law and immigration experience is critical.
- Understand your rights. A lot of people are unaware that they have certain rights when charged with a crime, regardless of immigration status. This includes the right to remain silent, seek legal counsel, and request a trial.
- Review your immigration status. The law continues to evolve, and both the type of charge and your immigration status (undocumented, green card holder, or visa) matter.
What To Know Before Considering a Plea Bargain
Plea bargains are often used by citizens to resolve criminal cases efficiently, but non-citizens should be particularly cautious about the consequences they could face by accepting a plea deal. For example, pleading guilty to a theft crime could be used as a negotiation tactic to help avoid jail time, but having this on your criminal record could still result in deportation.
Facing Theft Charges? Contact The Law Office of Elliott Kanter
Theft charges for non-citizens in California can carry life-altering circumstances, both for the person charged and their family members. At The Law Office of Elliott Kanter, our experienced attorneys work to protect your rights.
Call us at (619) 231-1883 or contact us online to schedule a consultation.
