Clemency is an act of forgiveness recognized under the Illinois Constitution. It is generally given to someone who has taken responsibility for their crime(s) and, over a period of years, turned their life around but continues to experience the adverse consequences of having a criminal record. Thus, to say that clemency is limited to cases involving “a miscarriage of justice” is simply false.
Read MoreSince March, the Trump Administration has targeted Green Card holders for detention and possible deportation for two primary reasons: 1) speech the government believes has “potentially serious adverse foreign policy consequences for the United States”; and 2) those who have a criminal (conviction) record. We will discuss both scenarios in this blog.
Read MoreEarlier this month a U.S. Department of Justice (DOJ) attorney assigned to the Office of the Pardon Attorney (OPA) was asked to identify candidates worthy of having their gun rights reinstated. The original list the pardon attorney provided contained 95 names, all of whom had pending pardon petitions and been vetted by the OPA staff.
Read MoreWhat steps should a Legal Permanent Resident take after getting arrested?
Immediately inform your defense attorney that you are not a U.S. citizen
Try to find a defense attorney familiar with the immigration ramifications of being convicted of a crime
If financially feasible, hire an immigration attorney to assist defense counsel in obtaining an outcome in the criminal case that will preserve your current and future immigration plans
If a plea deal is to be negotiated, the prosecutor should be informed of your legal status, as well as the immigration consequences you are seeking to avoid
If your case goes to trial before a judge or jury, the judge should be made aware of your legal status and attendant immigration consequences
The last time I wrote about clemency was in June of 2024. At that time, I anticipated 2024 was not going to be a “banner year” for clemency rulings due to the impending presidential election. I take no pleasure in being able to say, “I told you so.”
In actuality, I would have rather been told that each of my (three) clients -- whose pardon petitions have been pending since 2021 and 2022 – were granted clemency. But that did not happen for any of my client or, for that matter, the other 2,100+ individuals waiting for Gov. J.B. Pritzker to rule on their petition.
Read MoreWhen I think of all the people who have dutifully followed the rules to obtain a presidential pardon or sentence commutation, it is stomach turning to see people receiving such relief without ever having applied for it.
Since when did it become acceptable to grant pardons to those yet to be charged with a crime? Who knew that there was such a thing as a preemptive pardon? Doling out pardons for family members? I can’t help but shake my head in disbelief.
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