Immigrants & Immigration

For non-citizens, any contact with police or other law enforcement may affect their immigration status. This applies whether the incident happens in the United States, another country, or their home country.

If a person is charged with a crime, they can:

• Plead not guilty and go to trial When the issues of a case are heard in court and decided by a judge or jury to let the judge or a jury decide their case based on the evidence, Anything used to show that something is true
• Plead guilty, or
• Agree to a guilty plea A person's formal answer of guilty, not guilty, or no contest to the charges against them to a less serious crime.

If they are found guilty of a crime the results can be serious. This includes attempted criminal activity and conspiracy. In some cases, admitting to actions that meet the essential elements of a crime can be serious.  For example, a non-citizen could:

• Have their application for a visa, permanent residence, or citizenship denied,
• Be deported,
• Be put in detention while the deportation case is going on, or
• Be unable to return to the US for years or, in some cases, be permanently barred from returning.

This can be true even when: 

• They are found guilty of a misdemeanor, A lesser crime punishable by a fine or confinement in county jail for up to one year.
• They are given probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. or court supervision,
• The conviction When someone is declared guilty of a crime by a court is very old,
• They have lived and worked in the US for many years; or
• All of their family lives here.

Criminal defense lawyers may tell their clients that if they plead guilty and get court supervision, it does not count as a conviction. This might be true in some situations, but not immigration law. It might still be a conviction under immigration law. For example, getting supervision in Illinois is not a conviction under criminal law. However, if a non-citizen had supervision, they likely have a conviction under immigration law.

Non-citizens should consult with their criminal lawyer Someone who represents clients in courts or who gives legal advice about what might happen to their immigration status if they are found guilty. Criminal defense attorneys are required to discuss immigration consequences with their clients based on the Supreme Court decision in Padilla v. Kentucky. They may need to talk to an immigration lawyer as well as a criminal lawyer.

Learn more about Fighting criminal convictions and sentences. 

Laken Riley Act

In 2025, the Laken Riley Act was passed. This law requires undocumented people who were charged or convicted with specific crimes to get mandatory detention. This means they must be held in immigration detention without bond. Crimes include theft, The unlawful taking of property, money, or services from another person, business, or organization burglary, The entry or attempted entry of any fixed structure, vehicle, or vessel used for regular residence, industry, or business, with or without force, with intent to commit a felony or larceny larceny, Theft when the property is taken in a non-forceful way shoplifting, The theft of goods from a retail store or assault An unlawful attack by one person upon another person, including aggravated assault, simple assault, and intimidation. on a law enforcement officer. It's important to note criminal convictions are not required. Criminal charges are enough to get mandatory detention. 

Juvenile offenses

Juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. offenses are legally different from adult Any person 18 years old or over criminal offenses. Non-citizens must still tell the government about them when applying for an immigration benefit. Non-citizens should get copies of all juvenile court Any court that has jurisdiction over matters involving juveniles. records for their immigration lawyer to review.

If someone commits a crime when they are under the age of 18, they might be charged as a juvenile offender. If the juvenile  court finds them guilty, they will have an adjudication A formal court decision or judgment An official decision by a court that ends the dispute between parties of guilt, rather than a criminal conviction. Under immigration law, your adjudication will not be considered a conviction, and so generally an adjudication would not lead to inadmissibility or deportation. However, some juvenile offenses are considered “bad acts” and can trigger a penalty. “Bad acts” may include drug trafficking, drug abuse or addiction, prostitution, behavior demonstrating a threat to self or others, violations of protective orders, and false claims to US citizenship.

Blended sentences in juvenile court

If someone under 18 years old is adjudicated guilty in juvenile court, they can sometimes get a blended sentence. A blended sentence means they get probation. If they don’t follow their probation, they can be jailed as an adult offender. Immigration might consider a blended sentence like this to be a criminal conviction, even if they never violate their probation.

Help for noncitizens facing deportation in Cook County

The Immigration Division of the Cook County Public Defender's Office helps noncitizens in Cook County avoid deportation. They assist public defenders with cases involving immigration issues and represent clients in immigration court. If you or a loved one needs help, email [email protected] or call 312-603-0636.