The pardon was approved by Minnesota's Board of Pardons, on which sits Walz, Attorney General Keith Ellison, and Minnesota Supreme Court Chief Justice Natalie Hudson.
The United States Department of Homeland Security on Tuesday condemned the pardon granted to Tou Lue Vang, a Laotian national convicted in 2006 of first-degree criminal sexual conduct, arguing the action removes the conviction that made him removable from the US under federal immigration law.
The pardon was approved by Minnesota's Board of Pardons, which is comprised of Gov. Tim Walz, Attorney General Keith Ellison, and Minnesota Supreme Court Chief Justice Natalie Hudson, after receiving a recommendation from the Minnesota Clemency Review Commission.
According to Fox News, the Clemency Review Commission recommended the pardon by a 4-2 vote, with three members absent, before forwarding the case to the Board of Pardons for final approval. In a letter notifying Vang of the decision, Clemency Review Commission Executive Director Carli Stark wrote, "Being granted a pardon is a notable achievement and a reflection of the work you have done since your conviction."
According to court filings cited by DHS, Vang repeatedly sexually assaulted a 10-year-old girl between 2002 and 2004. Prosecutors said that on one occasion, he offered the victim $10 to remain silent about the abuse.
Court records also state that during a police interview, Vang attempted to justify his actions by claiming "it is a cultural thing...to marry and have sex with girls as young as 12." He also allegedly argued that the child victim was "just as guilty" and should also be arrested. Vang ultimately pleaded guilty under a plea agreement that allowed him to avoid serving prison time despite being convicted of first-degree criminal sexual conduct.
Following his conviction, a Department of Justice immigration judge issued Vang a final order of removal on October 31, 2006. DHS says he was expected to be deported before the pardon was granted, but that the clemency decision could now complicate federal efforts to remove him from the country.
"Governor Tim Walz's decision to pardon an illegal alien convicted child rapist so he can remain in our country is disgusting," Acting Assistant Secretary Lauren Bis said in a statement.
"These are the criminal illegal aliens he and his Minnesota sanctuary politicians are protecting. Tou Lue Vang lost his legal status following his conviction for repeatedly sexually assaulting a 10-year-old girl. 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 DHS, Vang entered the United States through California in 1994 and received legal status during the Clinton administration. Federal officials say that status was revoked after his criminal conviction and removal order.
Vang had recently been taken into custody during the Trump administration's Operation Metro Surge in Minnesota before the pardon was approved. In his clemency application, Vang reportedly argued that he had accepted responsibility for his crimes and had rehabilitated himself since his conviction.
The Department of Homeland Security also pointed to another recent clemency decision, noting that this is not the first time Minnesota officials have pardoned a non-citizen with a serious criminal record.
In May, the state granted a pardon to Jai Vang, another Laotian national whom DHS identified as an illegal immigrant. According to the department, Jai Vang's criminal history included convictions for robbery, armed robbery of a business, and driving under the influence.
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