DHS: Minnesota pardon could ‘thwart’ deportation of criminal illegal

By Elyse Apel
The Center Square

The U.S. Department of Homeland Security is criticizing Minnesota’s Board of Pardons after it issued a pardon for a criminal illegal immigrant ahead of his deportation.

The case quickly drew national attention after DHS issued a statement condemning the pardon.

“Gov. Tim Walz’s decision to pardon an illegal alien convicted child rapist so he can remain in our country is disgusting,” said DHS Acting Assistant Secretary Lauren Bis. “These are the criminal illegal aliens he and his Minnesota sanctuary politicians are protecting.”

The pardon was unanimously approved by Minnesota’s Board of Pardons, which includes Gov. Tim Walz, Attorney General Keith Ellison, and state Supreme Court Chief Justice Natalie Hudson. Both Walz and Ellison are Democrats, while Hudson serves in a nonpartisan role. She was appointed to her role by Walz.

According to DHS, the board granted a pardon to Tou Lue Vang on June 10.

Federal officials said Vang, who was convicted in 2006 of first-degree criminal sexual conduct, had a final order of removal issued by an immigration judge that same year. Before receiving the pardon, he was facing “immenent” deportation by the Trump administration.

That pardon has now removed the conviction that made Vang removable under federal immigration law, putting his deportation in jeopardy.

“Tou Lue Vang lost his legal status following his conviction for repeatedly sexually assaulting a 10-year-old girl,” Bis said. “Following the conviction, he was placed in removal proceedings and issued a final order of removal by a judge. This pardon will take away this child rapist’s qualifying convictions that made him removable from the United States.”

According to court records, Vang repeatedly sexually assaulted a 10-year-old girl between 2002 and 2004.

DHS said prosecutors alleged Vang attempted to pay the victim $10 to remain silent and later told investigators “it is a cultural thing” to marry and have sex with girls as young as 12. He also claimed the victim shared responsibility for the assaults.

Vang, a native of Laos, entered the United States in 1994 and obtained legal status. Following his conviction, he lost that status. This is according to DHS.

Minnesota House Republican Floor Leader Harry Niska, R-Ramsey, joined the Trump administration in criticizing the decision.

“This is not justice. This is not compassion,” he said in a statement. “This is Walz, Ellison, and Minnesota Democrats once again putting criminals ahead of public safety, and in this case, using a pardon to help shield a convicted child rapist from deportation.”

Niska argued the pardon is a direct challenge to the Trump administration’s immigration enforcement efforts.

“Minnesotans should be outraged. Gov. Walz and Attorney General Ellison’s first responsibility is to protect the people they serve, not to make a political statement, not to thumb their noses at lawful federal immigration enforcement, and certainly not to pardon someone convicted of such a horrific crime,” Niska said. “This decision is despicable, morally indefensible, and every Minnesotan deserves to know why they did this.”

The Minnesota Board of Pardons announced the decision following its June meeting after receiving a recommendation from the nine-member Clemency Review Commission. Both Vang and his victim submitted letters in support of his pardon.

Under Minnesota law, Vang’s pardon will set aside his criminal record and purge it from his criminal record. Vang would also no longer be required to disclose the conviction.

“Being granted a pardon is a notable achievement and a reflection of the work you have done since your conviction,” said Carli E. Stark, the executive director of the Clemency Review Commission, in a letter to Vang.

Stark told The Center Square that the commission does not comment on decisions made by Minnesota’s Board of Pardons.

The Center Square requested comment from Walz’s office and the Minnesota Board of Pardons. Neither responded before publication. It has also submitted a FOIA request regarding the board’s decision.