Pardon Granted to Undocumented Immigrant Convicted of Child Sexual Assault
Recently, Minnesota officials granted a pardon to an undocumented immigrant convicted of sexually assaulting a child, which has effectively removed the basis for his deportation.
Democratic Governor Tim Walz endorsed the pardon for Tu Luu Van, a sex offender, after the Minnesota Board of Pardons decided to erase his criminal record. Van had been convicted of first-degree criminal sexual conduct back in 2006.
Between 2002 and 2004, Van repeatedly assaulted a 10-year-old girl, even offering her $10 to remain silent about the incidents. In an unusual defense during police questioning, he referred to cultural norms, stating, “It’s a cultural thing… You can’t marry or have sex with a 12-year-old girl,” according to the Department of Homeland Security (DHS).
He also suggested that the 10-year-old boy involved was equally culpable and should face arrest. This led to a deportation order following his conviction in 2006.
Van emigrated from Laos to California in 1994 and initially secured legal status under President Bill Clinton. However, his legal status was revoked after his conviction and subsequent removal order. Until fairly recently, Laos typically resisted accepting deportations of its nationals from the United States.
In a press statement, Acting Assistant Secretary of Homeland Security Lauren Biss criticized Governor Walz’s decision, calling it “disgusting” for offering amnesty to a convicted child rapist. She noted that such actions protect criminal illegal aliens.
“This pardon reverses the conviction that was a condition of this child rapist’s removal from the United States,” Biss remarked.
The Department of Justice classified Minnesota as a sanctuary jurisdiction, meaning it limits the cooperation of local law enforcement with federal immigration authorities. Recent investigations have highlighted the dangers associated with sanctuary policies that shield undocumented immigrants from deportation.
Walz and the pardon board recognized the deportation anxiety facing many convicted immigrants seeking clemency, as reported by The New York Times.
The Minnesota Pardon Review Board, established in 2023 under Walz’s administration, evaluates pardon requests from convicted individuals and makes recommendations to the Minnesota Board of Pardons. This particular pardon garnered unanimous approval from the three-member board, consisting of the governor, the state attorney general, and the chief justice of the Minnesota Supreme Court.
In 2021, Walz aimed to simplify the pardon process but faced challenges when the Minnesota Supreme Court ruled an attempt to require only two votes unconstitutional in 2022.
Interestingly, just last month, another undocumented immigrant convicted of armed robbery also received a pardon in Minnesota.
According to reports, blue states granted a total of 121 pardons last year while rejecting 14 requests. Data from the Minnesota Board of Pardon Review indicates that about 16% of clemency applications between March 2025 and June 2026 cited deportation concerns as a significant factor.
