Immigration Consequences of Criminal Charges in Illinois: What Every Non-Citizen Should Know

At The Law Offices of David L. Freidberg, we represent non-citizens facing criminal charges throughout Chicago and the surrounding counties. Our job is not just to protect your rights in criminal court, but to help you avoid permanent immigration consequences that can upend your life.

Understanding How State Charges Affect Federal Immigration Status

Under Illinois law, criminal offenses are categorized as misdemeanors or felonies. Misdemeanors are punishable by up to one year in jail. Common examples include battery (720 ILCS 5/12-3), retail theft under $300 (720 ILCS 5/16-25), and criminal trespass (720 ILCS 5/21-3). Felonies carry more serious penalties, including prison terms over one year. These include offenses like aggravated DUI (625 ILCS 5/11-501(d)), unlawful use of a weapon (720 ILCS 5/24-1), and drug possession with intent to deliver (720 ILCS 570/401).

What many non-citizens don’t realize is that even a misdemeanor conviction in Illinois can trigger immigration consequences. The federal immigration system does not rely on state labels. It classifies crimes based on their elements, facts, and sentencing outcomes. Convictions involving drugs, violence, domestic abuse, theft, fraud, or firearms often fall into the categories of crimes involving moral turpitude or aggravated felonies. These can lead to removal proceedings, denial of green card applications, or bars to future citizenship.

Even if the criminal case results in court supervision or a deferred judgment, immigration law may still treat it as a conviction. According to immigration law, a conviction exists whenever there is a formal judgment or an admission of guilt with some form of punishment or restraint.

How Arrests and ICE Detainers Affect Your Freedom

Once someone is arrested in Illinois, their fingerprints are entered into national databases. If ICE is already aware of a person’s immigration status, they may place a detainer on the individual, asking local law enforcement to hold them for transfer to federal custody. This can happen even if the person is never convicted of a crime.

Although Cook County and many surrounding counties claim not to cooperate with ICE detainers, ICE agents may still be present outside courthouses or jails, waiting to apprehend individuals as they are released. We have seen clients picked up by ICE before they’ve even had a chance to go to trial. That’s why it’s critical to retain a criminal defense attorney as soon as possible after an arrest—especially if you are not a U.S. citizen.

An experienced attorney can argue for pre-trial release or bond terms that reduce the risk of ICE enforcement. We also work proactively to identify non-deportable options during plea negotiations. In some cases, a change in the way charges are filed or the terms of a plea deal can mean the difference between remaining in the U.S. or being removed.

Plea Agreements and Immigration Risks

Most criminal cases in Illinois are resolved through plea agreements. While this may speed up the process and reduce potential jail time, it can create serious immigration consequences. Pleading guilty to a crime—even one that results in supervision or a deferred sentence—can count as a conviction under immigration law.

For example, we represented a client from Jamaica who was arrested in DuPage County for possession of cocaine under 720 ILCS 570/402. The state offered a plea deal that would have avoided jail, but any plea to a drug offense would have led to automatic deportation. Instead, we successfully negotiated for a charge amendment to disorderly conduct under 720 ILCS 5/26-1, which allowed our client to remain in the country with no immigration consequences.

We evaluate every aspect of your case—not just what will happen in court, but how your record will be interpreted by USCIS or an immigration judge. Some plea deals may seem attractive but carry hidden dangers. A strong legal defense includes both criminal strategy and immigration-safe outcomes.

Legal Defenses and Non-Conviction Outcomes

Not all criminal cases end in a conviction. If the arrest or investigation violated your constitutional rights, we can file motions to suppress evidence or dismiss charges. We may argue mistaken identity, lack of probable cause, or entrapment, depending on the facts of your case. In some cases, we can challenge the credibility of witnesses or the integrity of forensic evidence.

But for non-citizens, a dismissal or acquittal is often not enough. The details in your police report, court filings, and plea records can still be used against you in immigration court. That’s why our defense strategy goes beyond fighting the charges. We focus on minimizing any language or admissions that can be used to label your conduct as morally turpitudinous or violent. We may also pursue pretrial diversion, deferred prosecution, or expungement-eligible outcomes that avoid conviction entirely.

Common Questions From Immigrants Facing Criminal Charges in Chicago

Can a misdemeanor affect my green card? Yes. Misdemeanors involving violence, domestic abuse, fraud, drugs, or theft can render you inadmissible or deportable, depending on the circumstances and outcome.

Does court supervision protect me from immigration consequences? No. While court supervision may help in criminal court, immigration law may still treat it as a conviction if you admitted guilt and received a punishment.

Can ICE detain me if my case is still pending? Yes. ICE can detain you based on arrest records, especially if they already have your immigration file. They do not have to wait for a conviction.

What if I already pled guilty but didn’t know about the immigration consequences? You may be able to withdraw your plea or file a post-conviction petition. Under Padilla v. Kentucky, you have a right to be advised of immigration consequences before pleading guilty.

Can I expunge a conviction to fix my immigration record? Unfortunately, no. Expungement may help you with employment or housing, but immigration authorities still see the original charge and consider it a conviction.

Choosing the Right Criminal Defense Attorney in Illinois

When your future in this country is on the line, you can’t afford to gamble on a general criminal defense attorney. You need someone who understands the impact a criminal case has on your immigration status. At The Law Offices of David L. Freidberg, we represent clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We have decades of experience protecting our clients’ records—and their ability to remain in the United States.

We work with immigration lawyers, explore every legal defense, and negotiate outcomes that consider both state and federal consequences. If you’re a non-citizen charged with a crime, don’t wait until it’s too late.