Facing Criminal Charges as a Non-Citizen in Illinois: What You Need to Know

Every year, thousands of immigrants in Chicago and throughout Illinois are arrested or charged with crimes. Whether you’ve lived in the United States for decades as a permanent resident or recently arrived on a visa, being accused of a crime can immediately put your immigration status at risk. That’s because Illinois criminal convictions, no matter how minor, can trigger consequences under federal immigration law. These consequences include deportation, denial of naturalization, and even bans on re-entering the U.S. after travel.

If you are not a U.S. citizen and you’ve been charged with a crime in Cook County or anywhere else in Illinois, it’s critical that you work with a defense lawyer who understands the connection between Illinois criminal law and federal immigration enforcement.

Understanding the Charges: State Crimes, Federal Consequences

In Illinois, criminal charges are divided into misdemeanors and felonies. A misdemeanor like theft under $500 (720 ILCS 5/16-1), public indecency (720 ILCS 5/11-30), or possession of a small amount of cannabis (720 ILCS 550/4) may seem minor. Felony charges like aggravated battery (720 ILCS 5/12-3.05), burglary (720 ILCS 5/19-1), or unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1) carry more serious consequences. However, the immigration system doesn’t always follow these distinctions.

Federal law considers factors such as the elements of the crime, the sentence imposed, and the circumstances of the plea agreement. Offenses deemed to involve moral turpitude, violence, controlled substances, firearms, or fraud can lead to detention by U.S. Immigration and Customs Enforcement (ICE) and removal from the country. Even some offenses resolved with court supervision or deferred prosecution in Illinois can still count against you under federal immigration rules.

What Happens After an Arrest: State and Federal Involvement

Criminal cases in Illinois typically start with an arrest by local police, the Cook County Sheriff’s Department, or another local agency. After fingerprinting, your information is often shared with federal databases. This is when ICE may issue a detainer—requesting the jail to hold you for up to 48 hours after your scheduled release so they can assume custody.

While Cook County generally does not honor ICE detainers unless required by law, the reality is more complex. In many cases, ICE officers will wait outside courthouses or correctional facilities. If they know someone with a prior immigration record or flagged status has been arrested, they may initiate removal proceedings even before a conviction.

Having an attorney at the bond hearing is critical. Your lawyer can argue for your release on recognizance or with a cash bond that avoids extended detention, helping you resolve your state charges while remaining outside of federal immigration custody.

How Criminal Charges Affect Green Cards, Visas, and Citizenship

Many people charged with a crime believe that if they don’t serve jail time, they’ll be safe from immigration consequences. That’s not the case. Federal immigration agencies look at the charge, plea, sentence, and behavior underlying the case—not just the outcome in Illinois court.

For example, pleading guilty to domestic battery under 720 ILCS 5/12-3.2 is a misdemeanor, but it often counts as a crime of domestic violence under 8 U.S.C. 1227(a)(2)(E), making the person removable. A drug conviction under 720 ILCS 570/402, even for possession of a small amount, may lead to permanent inadmissibility. Theft offenses, regardless of classification, can be considered crimes of moral turpitude. Any of these convictions may bar you from applying for a green card, naturalization, asylum, or cancellation of removal.

Even more dangerously, a suspended sentence or court supervision that is considered a non-conviction under Illinois law may still count as a conviction under federal immigration law. That’s why understanding how federal authorities interpret state charges is so important.

Case Example: Avoiding Deportation Through Strategic Plea Negotiation

Our office represented a young man from Mexico who had lived in Chicago since childhood and was applying for DACA renewal. He was arrested and charged with felony possession of a stolen vehicle under 625 ILCS 5/4-103. A conviction could have permanently disqualified him from DACA and subjected him to removal.

We immediately identified immigration-safe alternatives. Through negotiations, we secured an amended charge of misdemeanor criminal trespass to a vehicle under 720 ILCS 5/21-2, with a sentence of supervision. This charge did not trigger removal proceedings or impact his DACA eligibility. Our understanding of both Illinois criminal law and immigration consequences made all the difference in protecting his future.

What Evidence Prosecutors and Immigration Authorities Consider

Prosecutors in Cook County and other Illinois jurisdictions rely on body cam footage, 911 recordings, police reports, witness statements, social media evidence, forensic tests, and plea transcripts. Immigration authorities review the same evidence, especially certified charging documents and court transcripts.

Even if the court grants a favorable outcome, USCIS or ICE may interpret the facts of the arrest differently. For instance, a plea to a non-violent misdemeanor may still be considered an admission of conduct that affects moral character or indicates dangerousness. This can hurt applications for green cards, asylum, TPS, or adjustment of status.

That’s why we carefully examine how the facts are recorded, what is said during plea hearings, and whether the statute of conviction includes language that could trigger immigration issues. In many cases, we’ll bring in immigration counsel to help structure a plea deal that avoids long-term harm.

Key Considerations When Choosing a Defense Attorney

Not all criminal defense attorneys are prepared to handle the complexities of cases with immigration implications. You should always work with a lawyer who understands how to protect you both in state court and from immigration consequences. The questions you ask during a consultation can help you make the right decision.

Ask whether they’ve represented non-citizens before. Do they know which offenses are likely to cause problems under 8 U.S.C. 1227 or 1182? Have they coordinated with immigration attorneys in plea discussions? Do they understand post-conviction relief options if you already pled guilty without proper advice?

At The Law Offices of David L. Freidberg, we answer yes to all those questions. We take the time to assess every case through both legal systems—state criminal court and federal immigration law—so we can protect your freedom and your immigration status at the same time.

Chicago-Based FAQs on Criminal Charges and Immigration Law

Can ICE detain me even if my charges are dropped? Yes. ICE can detain non-citizens based on an arrest alone, especially if you’ve had prior contact with immigration authorities. That’s why having a lawyer push for speedy resolution and limited exposure is critical.

What’s the risk of accepting supervision or deferred prosecution? Even though these may avoid a conviction under Illinois law, federal law may still treat the outcome as a conviction if you admitted guilt or accepted penalties. An experienced attorney will look for alternatives that are safer under immigration rules.

Do I need both a criminal and immigration attorney? Often, yes. We work closely with immigration lawyers to ensure the criminal defense strategy supports your long-term immigration goals. In some cases, our office helps clients pursue post-conviction relief if prior counsel gave bad advice.

Can a juvenile conviction hurt my immigration status? Yes. While juvenile adjudications are generally not considered convictions, certain offenses or police records may still be reviewed in immigration proceedings or impact DACA and other benefits.

How can I fix a past conviction that now hurts my immigration case? Illinois law allows motions to withdraw guilty pleas or seek post-conviction relief in some cases. If your attorney failed to advise you of immigration consequences, you may be able to reopen the case and pursue an immigration-safe resolution.

The Law Offices of David L. Freidberg: Protecting Your Record and Your Future

Criminal charges put your immigration status in immediate jeopardy. Don’t make decisions without understanding every consequence. At The Law Offices of David L. Freidberg, we’ve defended clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County who needed more than just a defense—they needed a second chance to stay in the country they call home.

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.