Local Judge’s View: Minnesota Judges don’t deport, enforce immigration status

By Steve Hanke

It is important for members of our com­munity to understand district court judges’ role regarding immigration. We do not have the authority to deport individuals or enforce immigration status.

Minnesota’s crimi­nal laws apply equally to citizens as well as non-citizens. Like­wise, citizens and non-citizens are both entitled to the same constitutional protec­tions that are intended to provide criminal defendants with fair and speedy trials, in­cluding public defense for financially eligible defendants. The pe­nal consequences of a criminal conviction are also the same for citizens and non-citi­zens.

However, the collat­eral consequences of a Minnesota criminal conviction can differ significantly for citi­zens and non-citizens. The fundamental dif­ference is that non-cit­izens may be deported as a consequence of certain criminal activ­ity. The outcomes of criminal cases in local courtrooms play a pivotal role in determin­ing whether a non-cit­izen faces removal from the country or is barred from future immigration relief.

In Padilla v. Kentucky, the U.S. Supreme Court confirmed that defendants have a right to advice from counsel about the potential immigration consequences of their criminal charges and convictions. Failure to provide such advice constitutes ineffective assistance of counsel, in violation of the Sixth Amendment. In Minnesota, judges must also ensure defendants understand that if they are not a citizen of the U.S., “a guilty plea may result in deportation, exclusion from admission to the United States, or denial of naturalization as a United States citizen.”

Immigration laws are federal. The primary law governing immigration consequences for criminal convictions is the Immigration and Nationality Act, or INA. Convictions of the following offenses, even those later expunged under Minnesota law, can trigger removal proceedings or disqualify an individual from gaining permanent residency, citizenship, or other immigration benefits:

• Aggravated felonies, which are crimes of violence, such as murder, manslaughter, aggravated as-sault, robbery, kidnapping, arson, and firearms offenses. They also include criminal sexual conduct, sexual abuse of a minor, pornography of minors, alien smuggling, and money laundering. Minnesota law does not define “aggravated felony” in the same way as the INA. Some federal “aggravated felonies” are not felonies under Minnesota law or “aggravated” crimes under any common-sense definition.
• Crimes of moral turpitude, which are offenses that reflect dishonesty or moral depravity. They are not clearly defined under the INA, but they generally include burglary, theft, fraud, embezzlement, and aggravated DWI.
• Nearly all drug offenses can lead to deportation. Common examples include simple possession and possession with the intent to sell, distribute, manufacture, or traffic.
• Finally, domestic violence and related offenses, including domestic assault, violation of protection orders, and child abuse may trigger removal proceedings.

The federal and Minnesota definitions of “conviction” are significantly different. Under Minnesota law, “conviction” means a formal judgment of guilt that contains the plea, verdict, adjudication of guilt, and imposed sentence. Immigration law defines “conviction” more broadly to include any finding or admission of guilt in a criminal proceeding, even if sentencing is withheld or deferred, or if the charge is later reduced. Minnesota courts often utilize deferred adjudication and diversion programs, in which defendants admit guilt, take responsibility, but avoid a formal conviction or receive a lesser conviction on their record if they successfully complete agreed-upon conditions (like probation, treatment, restitution, counseling, or community service, etc.). Minnesota law requires automatic expungement and provides for discretionary expungement of certain criminal convictions. Expungements do not erase convictions for immigration purposes.

We strive to ensure everyone who appears in our courtrooms, regardless of their citizenship status, understands the full implications of their choices. Because the intersection of Minnesota criminal law and federal immigration law is complex and sometimes harsh, it is essential that all individuals, especially non-citizens, make fully informed decisions.

As we move through this difficult terrain, we remain commit-ted to upholding the principle of fairness, ensuring that every defendant is aware of the broader collateral consequences of their actions.

Steve Hanke is a 6th Judicial District judge in the Lake County Courthouse in Two Harbors and in the Cook County Courthouse in Grand Marais.