Can a State Pardon Prevent the Deportation of an Immigrant?

 Posted on September 24, 2019 in Uncategorized

In the United States, immigration has always been a topic of interest, especially in recent years. For many years, immigration requirements have stated that an immigrant who commits certain crimes can lose their citizenship or residency status, and they may be deported by immigration enforcement officials. Immigration laws are complex, and there are many provisions relating to what happens when a non-citizen commits a crime, which is why help from a skilled criminal defense attorney is important in these types of cases.

English Immigrant Receives Pardon for Crimes

In a recent case, an English immigrant who was previously convicted of crimes is still being held in an Immigration and Customs Enforcement (ICE) detention facility in Boston. ICE is still attempting to deport her, even though she received a full pardon for her crimes. The woman, who is currently a lawful permanent resident of the United States, was four years old when she came to the U.S. with her mother. The crimes that ICE is attempting to deport her for include misdemeanor retail theft charges and a felony larceny charge.

Hartford Woman Still Faces Deportation

Connecticut’s Attorney General has been fighting to stop the deportation that ICE is insisting on. ICE has been trying to deport the woman since 2012. In March of 2019, ICE detained the woman, and one day later, the state of Connecticut issued a full and unconditional pardon for her crimes. ICE is arguing that Connecticut’s pardon does not absolve the woman of her crimes, because the pardon was not granted by the state’s governor, but rather by the Connecticut Board of Pardons and Paroles.

Connecticut’s Attorney General has stated in the Court of Appeals that the woman should be permitted to continue living in the United States because of the pardon. He noted that Connecticut is not the only state that delegates pardons to a state board, and there are two other states that have been able to successfully prevent the deportation of immigrants through the use of a pardon.

Contact a Knowledgeable Connecticut Criminal Defense Lawyer

Many lawmakers and law enforcement officials have kept an eye on the English woman’s case, as it may point to a potential outcome in other cases where immigrants are facing deportation for crimes. Technically, a pardon by the state should prevent an immigrant from being deported, though the English woman’s case is still being fought. At the Woolf Law Firm, LLC, we can help you address criminal charges that may affect your immigration status. Contact our skilled Hartford, CT criminal defense attorney today at 860-290-8690 to schedule a free consultation.

Sources:

https://www.courant.com/news/connecticut/hc-news-hartford-wayzaro-walton-deportation-20190409-544uikhidrdohbjcuepn4tbf6u-story.html

https://www.nepr.net/post/can-full-pardon-state-connecticut-protect-immigrant-deportation#stream/0

https://ctmirror.org/2019/09/04/tong-tackles-three-immigration-issues-in-four-days/