Migrants arrested for shoplifting in New York will not be deported unless convicted

Four migrants who were arrested for allegedly stealing from a Macy’s store on Long Island after being bussed to the Big Apple from Texas will not face deportation — unless they are convicted, sources and legal experts said Tuesday .

The men accused of stealing more than $12,000 worth of goods from Macy’s Roosevelt Field earlier this month are getting a break because they are asylum seekers, not illegal immigrants who crossed the US border.

“They are given a presumption of doubt because they have a pending application with [US Citizenship and Immigration Services]’, Queens-based immigration lawyer Louis Nicho told The Post.

“[The Department of Homeland Security] usually revokes your right to asylum and puts you through the deportation process,” Nicho said.

Law enforcement is likely waiting to see how things turn out, he said, and if the shoplifters solve a lesser crime, they may still be eligible for asylum.

“They will wait until they make a final decision on the case to find out if it is deportable,” Nicho said.

The accused thieves — Rrallan Cabezas Meza, 19, Miguel Angel Rojas, 21, Rafael Rojas, 27, and Jose Garcia Escobar, 30 — are accused of driving from Manhattan to a Nassau County mall on Jan. 9 and leaving with merchandise.

They were caught when police stopped their 2006 BMW with fake license plates, according to criminal complaints filed in the case.

The next day in court, Rafael Rojas and Escobar were released without bail, while a $1,000 bail was set for Miguel Rojas and $1,500 for Meza, authorities said.

Nicho said the Empire State’s immigration “haven” status also plays a role.

“The attitude of New York comes from the fact that they are overwhelmed and do not want to cooperate with the feds,” he said. “But they’ll do it when it’s a serious enough crime.

The lawyer added: “Without an actual criminal conviction, you are asking the local police to enforce civil immigration laws.”

“The sanctuary city status helps since there are so many supporters in the city,” Nicho said.

Additional report by Joe Marino