When Prosecuting Immigrants, Brooklyn District Attorney Aims to Shield Them from Deportation

Brooklyn is taking steps to protect immigrants charged with low-level crimes from being deported.

Acting District Attorney Eric Gonzalez announced a new policy Monday that asks prosecutors to consider the immigration consequences when dealing with charges that are misdemeanors in New York, but could affect someone's citizenship application or warrant deportation on a federal level.

"A plea bargain that would have a disparate impact on undocumented or documented people here, non citizens, is unfair," Gonzalez said. "It's not the intent of the criminal justice system to cause those consequences."

Under the new policy, prosecutors are being trained by two immigration lawyers on how to adjust plea deals and sentencing so that an immigrant's shot at citizenship won't be hindered by pleading guilty to a misdemeanor.

The new policy comes days after Attorney General Jeff Sessions criticized New York City for what he called a "soft on crime" approach. 

Gonzalez said his office will continue to prosecute crimes, but will now make sure the punishment is proportionate to the offense — adding that the change isn't meant to hinder the federal government's ability to go after immigrants who commit violent crimes. 

Camille Mackler, director of legal initiatives at the New York Immigration Coalition, said the move sends a strong message at a time when the federal government is vowing to crack down on illegal immigration.

"It is possible to hold people criminally accountable, but at the same time [not] add a layer of injustice," Mackler said.

She said the new policy will also strengthen the bond between authorities and immigrants who fear federal immigration enforcement agencies. 

But critics, like Assemblywoman Nicole Malliotakis, say the new policy is unfair to U.S. born citizens.

"It's unbelievable that the District Attorney, whose job is to implement the laws of our state and our city, are looking to create two different justice systems, one for citizens and then one for undocumented individuals, so that way they can avoid deportation," Malliotakis said.