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Illinois Compiled Statutes

725 ILCS 5/113-8 (2026)

Advisement concerning status as a noncitizen

✓ current as of May 2026
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(725 ILCS 5/113-8)
    Sec. 113-8. Advisement concerning status as a noncitizen.
    (a) 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 consequence of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States.".
    (b) If the defendant is arraigned on or after the effective date of this amendatory Act of the 101st General Assembly, and the court fails to advise the defendant as required by subsection (a) of this Section, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. The motion shall be filed within 2 years of the date of the defendant's conviction.
(Source: P.A. 101-409, eff. 1-1-20; 102-1030, eff. 5-27-22.)


 
    (725 ILCS 5/Art. 114 heading)
ARTICLE 114. PRE-TRIAL MOTIONS

    
Notes of Decisions
Cited in 47 cases (6 in the last 5 years), 2005–2025 · leading case: People v. Valdez, 2016 IL 119860 (Ill. 2016).
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People v. Valdez, 2016 IL 119860 (Ill. 2016). · cites it 2× “The court -2- then admonished defendant, pursuant to section 113-8 of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-8 (West 2012)), that a burglary conviction “may have the consequences of deportation, exclusion from admission to the United States, or denial of…”
People v. Brown, 2017 IL 121681 (Ill. 2017). “We determined that Valdez was not prejudiced by his counsel's deficient advice because the record established that the trial court provided the relevant information under section 113-8 of the Code of Criminal Procedure of 1963 ( 725 ILCS 5/113-8 (West 2012) ). Valdez , 2016 IL…”
People v. Bilelegne, 887 N.E.2d 564 (Ill. App. Ct. 2008). · cites it 4× “He further alleged that at the time he pled guilty, the court failed to inquire of him as to whether he was a citizen of the United States, the significance of which was that a conviction pursuant to section 113-8 of the Code of Criminal Procedure (725 ILCS 5/113-8 (West 2006))…”
People v. Delvillar, 922 N.E.2d 330 (Ill. 2009). “The relevant provision is as follows: "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…”
People v. Gutierrez, 954 N.E.2d 365 (Ill. App. Ct. 2011). · cites it 2× “¶ 48 The statutory obligation that defendant speaks of is found in section 113-8 of the Code of Criminal Procedure of 1963: "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…”
People v. Guzman, 2015 IL 118749 (Ill. 2015). · cites it 3× “The court did not admonish defendant about the potential impact of pleading guilty on his immigration status prior to accepting the plea pursuant to section 113-8 of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-8 (West 2008)). Defendant was given the minimum sentence…”
People v. Guzman, 2015 IL 118749 (Ill. 2015). · cites it 4× “The court did not admonish defendant about the potential impact of pleading guilty on his immigration status prior to accepting the plea pursuant to section 113-8 of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-8 (West 2008)). Defendant was given the minimum sentence…”
In re M.I., 2011 IL App (1st) 100865 (Ill. App. Ct. 2011). · cites it 2× “¶ 50 The supreme court in Delvillar considered section 113-8 of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-8 (West 2006)), holding that the statute was directory.”
People v. Valdez, 2015 IL App (3d) 120892 (Ill. App. Ct. 2015). · cites it 4× “¶5 The court further admonished defendant in accordance with section 113-8 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-8 (West 2012)): "THE COURT: If you were not a citizen of the United States, you are hereby advised that a conviction of the offense for…”
People v. Ramirez, 2018 IL App (1st) 152125 (Ill. App. Ct. 2018). · cites it 2× “pdf ("Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children"). It is also undisputed that the trial court failed to admonish Mr.”
In Re Mi, 964 N.E.2d 72 (Ill. App. Ct. 2011). · cites it 2× “¶ 50 The supreme court in Delvillar considered section 113-8 of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-8 (West 2006)), holding that the statute was directory.”
People v. Guzman, 2014 IL App (3d) 90464 (Ill. App. Ct. 2015). · cites it 2× “At the hearing, counsel argued that defendant=s guilty plea was involuntary because the trial court failed to admonish him under section 113-8 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-8 (West 2008)) of the legal immigration consequences he faced if he…”
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