Criminal Charges and Immigration Consequences in Illinois

Chicago is a global city, home to a vibrant immigrant population, and a key legal hub for both state and federal courts in Illinois. Unfortunately, one arrest or conviction can unravel years of hard work for non-citizens—regardless of immigration status. Whether a person is a lawful permanent resident, on a visa, or undocumented, a criminal charge in Illinois can trigger immigration consequences that go far beyond a fine or jail sentence. Crimes in Illinois are either classified as misdemeanors or felonies, but even a misdemeanor can have life-altering effects on someone’s immigration status. Understanding how the Illinois criminal system intersects with federal immigration law is vital if you or a loved one is facing charges in Cook County or the surrounding areas.

How Illinois Criminal Law Works and What It Means for Immigration

Illinois criminal statutes classify offenses into categories, with misdemeanors generally being less severe than felonies. Common offenses such as retail theft (720 ILCS 5/16-25), simple battery (720 ILCS 5/12-3), and possession of cannabis in small amounts (720 ILCS 550/4) are considered misdemeanors. Penalties can range from supervision and probation to up to one year in jail. Felonies in Illinois are far more serious and include offenses like drug distribution (720 ILCS 570/401), aggravated battery (720 ILCS 5/12-3.05), burglary (720 ILCS 5/19-1), and aggravated DUI (625 ILCS 5/11-501(d)). Felony sentences typically include a prison term ranging from one year to life, depending on the class of felony and circumstances of the case.

Federal immigration law, enforced by the Department of Homeland Security and adjudicated by the Executive Office for Immigration Review, uses its own definitions. Crimes involving moral turpitude (CIMTs), aggravated felonies, controlled substance violations, firearm offenses, and domestic violence-related crimes can result in inadmissibility, deportability, denial of naturalization, or denial of immigration benefits. In some cases, a plea to a misdemeanor can still be interpreted as an aggravated felony under federal law—especially if the sentence exceeds one year or includes elements like intent to harm.

How Criminal Cases Begin and What Law Enforcement Looks For

Criminal cases in Illinois usually begin with an investigation, which may involve surveillance, search warrants, or witness statements. Police and federal agents often work together when non-citizens are involved. Once there is probable cause, the person is arrested and taken to bond court. The bond process is critical, because ICE may issue a detainer during or after the arrest, requesting local authorities to hold the individual for transfer to federal custody. The presence of an ICE detainer or prior immigration history can heavily influence whether the court grants release.

The arrest triggers formal charges and an arraignment. At arraignment, the accused is informed of the charges, advised of their rights, and enters a plea. Pre-trial discovery follows, during which the prosecution and defense exchange evidence. Law enforcement collects body cam footage, physical evidence, forensic analysis, and interviews to build their case. Prosecutors will often use plea negotiations to resolve cases quickly—but for non-citizens, accepting a plea without immigration-safe advice can trigger removal proceedings even if the plea avoids jail time.

Trial Process and Immigration-Safe Defense Strategies

Criminal defense in Illinois proceeds through motions, pre-trial hearings, and potentially a jury trial. For immigrants, every aspect of the defense must consider both criminal exposure and immigration consequences. In one Chicago case, a green card holder was charged with aggravated battery. The client faced not just a Class 3 felony under 720 ILCS 5/12-3.05, punishable by 2–5 years in prison, but also deportation. Our strategy focused on avoiding a conviction with intent-to-harm language. We negotiated a plea to simple battery under 720 ILCS 5/12-3, which carried misdemeanor penalties and no immigration bar, keeping our client out of ICE custody and safeguarding their status.

In other situations, we’ve sought alternative dispositions like deferred prosecution, supervision, or expungement-eligible outcomes. Each option must be evaluated not only under Illinois law but through the lens of federal immigration consequences. Having counsel who understands both systems can mean the difference between remaining in the United States and facing removal.

Types of Evidence and How They Impact Immigration Risk

Prosecutors rely on a range of evidence to support criminal charges. This includes written police reports, witness testimony, forensic lab results, DNA evidence, social media posts, and video surveillance. While these may prove criminal liability under Illinois law, the language and details in these documents can also create an immigration record. For example, a plea that admits to “intentional conduct” or “domestic violence” may label the offense as a deportable crime—even if the criminal charge appears minor. Defense attorneys must fight not only to keep damaging evidence out of court but also to ensure that any plea or sentencing language is carefully crafted to avoid federal immigration penalties.

Why a Criminal Defense Attorney Is Essential for Immigrants Facing Charges

Every phase of a criminal case—from arrest to arraignment, discovery, negotiations, trial, and sentencing—carries risk for immigrants. A qualified criminal defense attorney can assess the underlying charge, the potential for conviction, and the immigration outcome of any disposition. Attorneys familiar with Padilla v. Kentucky understand the constitutional obligation to advise clients about immigration consequences before accepting any plea. Without this, even legal residents can end up in detention or deportation.

Having representation means fighting back when law enforcement oversteps during investigation, identifying police misconduct, filing motions to suppress evidence, challenging probable cause, and arguing for reduced or alternative charges. In immigration-sensitive cases, we work with immigration attorneys or post-conviction specialists to reduce exposure and preserve status wherever possible.

Understanding Your Defense Options

Legal defenses vary by charge, but for immigrants, avoiding triggering language in plea agreements is often just as critical as fighting the charges outright. Common defenses include lack of probable cause, unlawful search or seizure, mistaken identity, insufficient evidence, or coercion. But sometimes, the best option is not trial but negotiation. A Class A misdemeanor with non-deportable language might be far safer than a felony with risky immigration triggers. Experienced defense attorneys craft legal strategies that prioritize long-term consequences—not just immediate criminal penalties.

What to Look for When Hiring a Criminal Defense Attorney

When you’re a non-citizen facing criminal charges in Illinois, your attorney must do more than just know state law. Look for a lawyer who has experience handling cases with immigration consequences. Ask about their history working with immigrants, their knowledge of federal removal grounds, and whether they collaborate with immigration counsel. You want an advocate who doesn’t just see your case as charges and court dates—but understands what’s at stake for your life, family, and future.

Ask direct questions, including: How many cases like mine have you handled? What are the immigration-safe plea options? Have you helped clients avoid ICE custody? What outcomes are possible given my record and status? How do you communicate with immigration counsel, if needed?

750 Words of Chicago-Based Criminal Defense FAQs

Can a misdemeanor in Illinois cause deportation? Yes. Some misdemeanors, like domestic battery or drug possession, can trigger removal proceedings. Immigration law looks beyond the label of the offense and considers the nature of the conduct and penalties.

Is a DUI in Chicago a deportable offense? Generally, a single DUI without aggravating factors is not deportable. However, DUI with injury, a suspended license, or controlled substances may be. It’s essential to review the charge with a defense attorney before any plea.

Can ICE detain me if I’m arrested in Cook County? Cook County has a policy of not honoring ICE detainers, but that doesn’t mean ICE won’t pursue enforcement independently. They may wait for release or attempt arrest in court. Detainers still pose serious risk.

How does pleading guilty affect my green card application? A guilty plea—even to a minor offense—can delay or prevent green card approval. USCIS scrutinizes all criminal records and may find that the plea shows bad moral character or involves a disqualifying crime.

Can I expunge a conviction to avoid immigration issues? Expungement may help with job or housing applications, but it does not erase the conviction for immigration purposes. USCIS and ICE still see the conviction, and it still counts against you.

Can a victim or witness with no status get arrested at court? It’s rare in Chicago, but possible. Local authorities generally don’t assist ICE with court enforcement, but non-citizens should consult an attorney before interacting with law enforcement or testifying in open court.

Why You Must Have a Defense Attorney If You’re Not a U.S. Citizen

Facing criminal charges as a non-citizen is uniquely dangerous. A conviction could lead to detention, loss of DACA or TPS, permanent bars to naturalization, or removal from the country you call home. The consequences are often hidden in the fine print of a plea deal. Without a defense attorney who understands how Illinois law intersects with federal immigration rules, you could make a decision that costs you your future.

At The Law Offices of David L. Freidberg, we defend clients across Cook County, DuPage County, Will County, and Lake County with full awareness of what’s at stake. We protect your rights, build strong legal defenses, and always consider the full picture—not just the immediate charges.

When You Need a Fighter, Call Us

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

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.