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I Won My Case, Why Is Immigration Still Trying to Deport Me in Illinois?
Winning in Court Doesn’t Always End Immigration Trouble
I’ve represented many people in Chicago criminal courts who believed that beating their criminal charges meant their immigration status was safe. Unfortunately, that’s not how the system works. Even when a case ends with a dismissal or a not-guilty verdict, the Department of Homeland Security (DHS) may still pursue removal based on the arrest, police reports, or other parts of the record. As a Chicago criminal defense attorney, my job isn’t just to win in court—it’s also to protect my clients from the lasting effects that follow when law enforcement and immigration systems intersect.
Illinois criminal law and federal immigration law operate under two very different standards. In criminal court, guilt must be proven beyond a reasonable doubt. In immigration proceedings, the government needs only to show “reason to believe” that a person committed a deportable offense. This lower standard means that even without a conviction, ICE can attempt to deport someone based on the underlying facts of a criminal case. That’s why understanding both systems—and how they communicate—is essential to truly protecting your future.
The Illinois Criminal Process and Its Impact on Non-Citizens
A criminal case in Illinois typically begins with an investigation or arrest. Police collect evidence, interview witnesses, and forward their reports to prosecutors. If charges are filed, the case moves through bond hearings, arraignment, pretrial motions, and potentially a trial. At every stage, the defendant’s fingerprints and case details are entered into federal databases. Cook County, DuPage County, and Lake County all participate in data sharing programs that automatically alert ICE when a person is arrested.
Even if the charges are dismissed, the digital record of the arrest does not disappear. That record can follow someone for years, showing up during immigration interviews, background checks, or naturalization applications. Under Illinois law, defendants may later seek expungement or sealing under 20 ILCS 2630/5.2, but federal agencies often retain access to these records regardless.
This is why I advise clients—especially those with pending immigration matters—not to underestimate a “dropped” or “dismissed” case. I ensure that all court documents clearly reflect that the dismissal was in the defendant’s favor, and I assist in filing for record sealing as soon as legally possible.
How Police and Prosecutors Build Cases in Chicago
Chicago police use a wide range of investigative tools to support criminal charges. They review surveillance footage from CTA stations and local businesses, track cellphone data, conduct witness interviews, and gather physical evidence. In drug-related arrests, law enforcement may perform controlled buys or rely on confidential informants. In domestic violence cases, they collect 911 call records and body camera footage. In theft or burglary cases, they use forensic evidence such as fingerprints or video identification.
Once collected, this evidence is turned over to the Cook County State’s Attorney’s Office, which decides whether to file misdemeanor or felony charges under 720 ILCS 5. Felonies are classified from Class 4 (least severe) to Class X (most severe), with corresponding prison terms under 730 ILCS 5/5-4.5-10 through 25.
The problem for non-citizens is that ICE has access to much of this same information. Federal immigration authorities can review local police reports and may rely on unproven allegations when deciding whether to pursue deportation. That means even without a conviction, the existence of a detailed arrest record can put someone’s status at risk.
Example: Acquittal in Uptown Still Leads to Immigration Review
One of my clients was arrested in Chicago’s Uptown neighborhood after a traffic stop where police claimed to smell marijuana. They searched the vehicle and found a small bag of prescription pills that didn’t belong to him. He was charged under 720 ILCS 570/402(c) for possession of a controlled substance. At trial, we demonstrated that the pills were prescribed to another household member, and that police had no lawful reason to search the car in the first place. The case was dismissed after the court granted our motion to suppress the evidence.
Despite the dismissal, ICE detained my client weeks later, claiming there was “reason to believe” he possessed drugs. We fought to prove that the state court had already determined the search was unconstitutional. The immigration judge eventually terminated removal proceedings, but the experience highlighted a harsh reality—immigration enforcement can continue even when you win your case.
How Illinois Convictions Interact with Federal Deportation Law
Federal immigration law, under 8 U.S.C. §1227(a), lists specific categories of crimes that can lead to deportation:
- Crimes involving moral turpitude (CIMT) — such as theft, fraud, or assault with intent to harm
- Controlled substance violations — including possession of even small quantities
- Aggravated felonies — a category that includes crimes like burglary, drug trafficking, or violent felonies
- Firearm offenses — possession or unlawful discharge
- Domestic violence or protection order violations
Even without a conviction, ICE can claim an individual is inadmissible under 8 U.S.C. §1182(a)(2) if evidence suggests involvement in these offenses. For example, someone arrested for domestic battery under 720 ILCS 5/12-3.2 could face immigration scrutiny even if prosecutors later dismiss the case.
The interplay between Illinois law and federal definitions can be confusing. A misdemeanor in state court might qualify as an “aggravated felony” under federal immigration law if the maximum possible sentence exceeds one year. That’s why I examine each charge not only for its state-level implications but also for how it might be categorized under immigration standards.
Building an Immigration-Safe Defense Strategy
Defending a non-citizen client requires a dual approach—protecting them in court and preparing for potential immigration consequences. I often coordinate with immigration attorneys to make sure we choose the best possible defense strategy. For example, if a client is offered a plea deal for theft, I may negotiate to reduce the charge to criminal trespass under 720 ILCS 5/21-3, which typically carries fewer immigration risks.
I also focus on ensuring that court records are clear and favorable. When a case is dismissed due to lack of evidence or illegal police conduct, the dismissal order should reflect that explicitly. Ambiguous court records can create problems later when immigration judges review them.
Whenever possible, I pursue diversion programs that do not involve an admission of guilt. However, some programs—such as supervision—can still be treated as convictions under 8 U.S.C. §1101(a)(48), so every option must be analyzed carefully before accepting it.
Why Having an Experienced Chicago Defense Lawyer Matters
Illinois’ criminal courts move quickly. Without proper representation, defendants often accept plea offers that seem harmless but later trigger immigration consequences. Prosecutors are not required to advise defendants about deportation risks. The Supreme Court’s decision in Padilla v. Kentucky, 559 U.S. 356 (2010) held that defense attorneys must inform non-citizen clients about possible immigration outcomes—but not every lawyer understands how to do that effectively.
As your Chicago criminal defense lawyer, I handle every case with awareness of its long-term impact. My defense doesn’t stop at avoiding jail time—it’s about protecting your entire future in this country. I make sure that every word entered into the court record is consistent with your immigration goals and that every plea or dismissal minimizes risk.
Potential Legal Defenses and Case Strategies
Each defense strategy depends on the evidence, but common approaches include:
- Challenging probable cause: Many Chicago arrests stem from traffic stops or searches that violate constitutional rights under Article I, Section 6 of the Illinois Constitution.
- Arguing lack of intent: Crimes like theft or battery require proof of intent. Showing lack of intent may result in acquittal or reduction of charges.
- Demonstrating mistaken identity: With so many surveillance-based arrests, misidentification is common.
- Highlighting procedural violations: If police fail to follow proper evidence protocols, the case may be dismissed.
Each of these strategies is designed to protect not only your freedom but your ability to remain lawfully in the United States.
What to Ask During Your Free Consultation
When meeting with a defense attorney, you should ask:
- How often have you handled cases involving immigration concerns?
- Will you coordinate with an immigration attorney if necessary?
- How do you plan to protect my record beyond the criminal court outcome?
- What options exist to seal or expunge my case if I win?
The answers reveal whether the lawyer truly understands how criminal and immigration systems overlap. My practice is built on decades of experience handling these cases throughout Cook County, DuPage County, and Will County.
The Importance of Record Sealing After Dismissal
Even when you win, the record of your case remains public unless you take action. Employers, landlords, and federal agencies can still see the arrest. Under 20 ILCS 2630/5.2, you may petition to seal or expunge your record if your case ended in dismissal, acquittal, or certain types of probation. This process is crucial for non-citizens because immigration judges often review criminal history during future applications. A sealed record demonstrates rehabilitation and reduces misunderstandings.
I assist clients with filing these petitions immediately after case resolution to prevent lingering consequences.
FAQs – Illinois Criminal Charges and Deportation Concerns
Can ICE still detain me after a not-guilty verdict?
Yes. Immigration detention is a civil process separate from criminal court. ICE may rely on police reports or allegations rather than convictions to justify removal.
What types of crimes make someone deportable in Illinois?
Crimes involving drugs, violence, theft, or deception are among the most common triggers. Even misdemeanors can cause deportation under federal law if they fall within a deportable category.
Does supervision count as a conviction under immigration law?
It can. If supervision involves a guilty plea or court-imposed conditions, it may meet the federal definition of a conviction even if Illinois does not classify it that way.
Can I apply for citizenship after a dismissed case?
Yes, but USCIS may still review the arrest details. You’ll need court documents showing the case was dismissed in your favor.
How long does it take to seal a record in Illinois?
Typically between three and six months, depending on court backlog. Filing correctly with all required documentation is crucial for success.
Will a criminal lawyer represent me in immigration court?
Not necessarily. Criminal defense attorneys focus on the state case. However, I work closely with immigration counsel to ensure consistency between both systems.
Is it safer to take a plea to avoid trial?
Not always. Some pleas can cause permanent immigration consequences. Always consult an attorney who understands the immigration impact before entering any plea.
Can ICE access expunged or sealed records?
Generally, yes. While sealed records are not available to the public, immigration agencies often retain internal access. However, sealing still strengthens your position in removal defense.
Protect Your Future — Call The Law Offices of David L. Freidberg
If you’ve been arrested in Chicago or anywhere in Cook County, DuPage County, Will County, or Lake County, and you’re concerned about deportation—even after your case was dismissed—you need a defense attorney who understands the full picture. I’ve spent decades defending non-citizens, permanent residents, and visa holders across Illinois, ensuring that victories in court also protect their immigration status.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic 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.