Criminal Defense of Immigrants

(C)  State Law.  Under the law of some states, judges may suspend execution of sentence, or hold sentence in abeyance, for noncitizen defendants. In Illinois, for example, the court may hold the sentence in abeyance on motion of the State’s Attorney and remand the defendant to the custody of the U.S. Attorney General if a final order of deportation has already been entered against the defendant and his deportation would not minimize the seriousness of the offense conduct or be inconsistent with the ends of justice.[44]  Similarly, for a controlled substance conviction, the court may, upon motion by the State’s Attorney to sus­pend the sentence imposed, commit the defendant to the custody of the U.S. Attorney General for deportation.[45]  If the noncitizen returns to the United States after being deported, the state court may impose any sentence that was available at the time of the initial sentencing.[46]

[44] E.g., 730 ILL. COMP. STAT. 5/5-5-3(l)(A).

[45] E.g., 730 ILL. COMP. STAT. 5/5-5-3(l)(B).

[46] E.g., 730 ILL. COMP. STAT. 5/5-5-3(l)(D).