Minnesota Board of Pardons Grants Clemency to Illegal Immigrant Convicted of Child Sexual Assault
The pardon, granted on the recommendation of the state's Clemency Review Commission, renews debate over the intersection of state clemency authority and federal immigration enforcement.
Minnesota Gov. Tim Walz, acting in his capacity as chair of the Minnesota Board of Pardons, joined other board members last month in granting a pardon to an individual who is in the United States illegally and who had been previously convicted of sexually assaulting a 10-year-old girl, according to reporting by the New York Post published in the lead-up to July 2026. The individual had been slated for deportation by federal immigration authorities at the time the pardon was issued.
The pardon was issued with the formal recommendation of the Minnesota Clemency Review Commission (CRC), the statutory body responsible for evaluating clemency petitions in Minnesota under state law. The Minnesota Board of Pardons is constitutionally composed of the governor, the attorney general, and the chief justice of the Minnesota Supreme Court; all three must participate in a pardon decision. The specific vote breakdown among board members, and the identities of any dissenting members, had not been confirmed in publicly available board records as of the date of this report.
Under Minnesota law, Minn. Stat. § 638.02, the Board of Pardons has broad authority to grant pardons, commutations, and reprieves. A pardon issued by a state board does not legally nullify a federal removal order; however, it can be introduced as evidence in immigration proceedings and has historically been cited by immigration judges as a mitigating factor. Whether federal Immigration and Customs Enforcement (ICE) moved forward with removal proceedings following the pardon is not confirmed in publicly available federal court or ICE records as of this writing.
The case has drawn criticism from Republican elected officials and immigration enforcement advocates, who argue that state clemency actions should not extend to individuals subject to federal deportation orders. Supporters of the pardon process, including members of the CRC, have not issued a detailed public statement explaining the evidentiary basis for the commission's recommendation, according to available public records.
Several material facts remain unknown as of July 2, 2026. The full name and case number of the pardoned individual have not been confirmed in a publicly released board order. The date of the original conviction, the sentencing court, and the specific terms of the pardon — including whether it was a full pardon or a partial restoration of rights — are not detailed in the source reporting reviewed. These facts would be contained in the official Minnesota Board of Pardons order, which is a public record accessible through the Minnesota Department of Corrections or the Office of the Governor. The current immigration status and location of the pardoned individual are unknown and would be reflected in ICE enforcement records, which are not routinely made public.