Author: Amy Waller, Office of the State Appellate Defender
Last updated: November 2010
Illinois judges are required to advise non-citizen defendants of immigration consequences before defendants enter a guilty plea in misdemeanor or felony cases.
Effective January 1, 2004, Illinois judges must advise non-citizen defendants who have agreed to plea guilty to a misdemeanor or felony offense that the conviction to which they are pleading guilty may result in deportation, exclusion from admission to the United States, or denial of naturalization to United States citizenship. This admonishment must be made by the judge before the defendant enters the guilty plea. A judge's failure to give this admonishment to a non-citizen defendant can give rise to a cognizable claim on appeal and may result in a remand for a new guilty plea hearing where proper admonishments must be given.
This rule is codified under 725 ILCS 5/113-8. It has important implications in both the immigration and criminal law contexts.
Sec. 113-8. Advisement concerning status as an alien.
Before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, the court shall give the following advisement to the defendant in open court:
"If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States."
Effective Date: 1/1/2004
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