NYC Prosecutors Accused of Shielding Immigrant Defendants to Prevent Deportation

A new report from the House Judiciary Committee asserts that district attorneys in New York City are deliberately downgrading charges for individuals who are in the country illegally in an effort to prevent their deportation.

The report claims that prosecutors across all five boroughs are instructed to pursue "immigration-conscious" prosecutions, which can involve reducing charges to non-deportable offenses or dismissing them entirely. This practice, according to the report, is intended to shield undocumented immigrants from federal immigration enforcement.

In The Bronx, District Attorney Darcel Clark reportedly directs staff to "pursue alternative charges" to prevent defendants from becoming eligible for removal. Queens District Attorney Melinda Katz is cited as having advised her prosecutors to "not get caught up" in misdemeanor versus felony distinctions for such defendants. The report states Katz also utilized an "immigration specialist" to help frame plea deals that would prevent negative immigration outcomes.

Staten Island District Attorney Michael McMahon is noted to have an Immigrant Affairs and Collateral Consequences Unit, suggesting a departmental focus on the immigration status of defendants when determining charges or plea bargains.

The committee's findings suggest these directives instruct assistant district attorneys to obscure details of offenses, including those involving domestic abuse or firearm use, to protect undocumented individuals from deportation. The report argues that this approach not only keeps foreign nationals with criminal records in the United States but also leads to their release, potentially enabling them to commit further crimes.

Furthermore, the report contends that this practice creates a system where undocumented immigrants may face lesser charges than U.S. citizens or legal immigrants for similar offenses. The report references the 2020 murder of Maria Fuertes, who was killed by Reeaz Khan, an immigrant from Guyana. Khan had reportedly been released despite a federal detainer issued after previous arrests, a case highlighted in the report as an example of the consequences of such policies.

The House Judiciary Committee's report criticizes this approach as undermining public safety and federal law. The report concludes that by allegedly prioritizing the prevention of deportation over traditional prosecution goals, these district attorneys are jeopardizing the safety of New York City residents.