ICYMI: Brooklyn DA Pledges To Protect Immigrants From Deportation Over Minor Crimes

DOWNTOWN BROOKLYN — The Brooklyn District Attorney’s office has instituted a new policy to protect immigrants facing misdemeanor charges from deportation, three days after Attorney General Jeff Sessions urged sanctuary cities to report immigrants with criminal records to the federal government.

“Now more than ever, we must ensure that a conviction, especially for a minor offense, does not lead to unintended and severe consequences like deportation,” said Acting District Attorney Eric Gonzalez in a statement released Monday.

“I am committed to equal and fair justice for all Brooklyn residents – citizens, lawful residents and undocumented immigrants alike.”

The new policy was enacted to protect legal residents — those with green cards and visas — who risk deportation if convicted of certain misdemeanor charges, the acting district attorney said.

Brooklyn District Attorney’s office prosecutors will receive special training on immigration law and two immigration attorneys have been hired to advise them, said the acting district attorney in his statement.

One tactic prosecutors will use will be to swap minor drug possession charges — which are considered grounds for deportation in U.S. Immigration Court — for trespassing charges — which are not — during plea deals, the acting district attorney said.

Prosecutors will also be asked to consider defendants’ prior convictions and the length of time they have lived in the United States — both of which can influence an immigration judge’s decision to deport — when making sentence recommendations, according to the statement.

Prosecutors will only take these steps in cases that do not put the public at risk, according to the statement.

“I want to emphasize that our Office is not seeking to frustrate the federal government’s function of protecting our country by removing non-citizens whose illegal acts have caused real harm and endangered others,” said Gonzalez.

“We will not stop prosecuting crimes, but we are determined to see that case outcomes are proportionate to the offense as well as fair and just for everyone.”