My job as a Deputy DA is to enforce the law. To prosecute those who break the law in a fair and just manner. To give closure and justice to victims. To analyze the strengths and weaknesses of my cases, make fair plea offers, and treat defendants in an even-handed manner. I don't write the laws. Sometimes I don't agree with the laws. But my job is not to change the law but to follow it.
Not all DAs feel this way. There are some who selectively choose not to enforce the law, or who give special treatment to certain groups. Nowhere do I see this disparity more than in the treatment of illegal aliens. I am not going to call them "undocumented workers" or immigrants. They are here illegally and they are aliens, i.e. foreign persons without permission to be in our country.
I only prosecute felonies at this point in my career, and the difference was more marked when prosecuting misdemeanors but it is still a frequent issue. At the misdemeanor level, the most common requests for special treatment come in the context of driving cases and domestic violence cases. In the former, defense attorneys want a break for their clients because they can't (or couldn't prior to recent law changes) get their drivers' licenses, so what choice to they have but to drive without one? The simple answer is, had they followed the immigration laws in the first place, they wouldn't have this problem with the traffic laws. But no one seems to notice that little point.
In domestic violence cases, and in my current felony cases, the plea is different. There the sad, sad story is so-and-so will get deported if you give him the same offer you give the American citizen who committed the same crime so you should give him a better offer. They want non-physical DV offers (phone harassment) and lower level drug offenses than are typically offered to citizens and legal residents. And the truth is, they often get these offers from my colleagues.
I don't like this policy. I follow it because it is the policy of my office and I am not the decision maker when it comes to these things. But I feel it is fundamentally unfair to give a better offer to someone here illegally (for the simple reason that they're here illegally and face consequences for that previous decision) than I would give to an American citizen who has not come here illegally.
And frankly, it's pretty damn hard to get deported under the current administration. Almost all non-violent crimes no longer result in deportation. Even some people with pretty terrible records are allowed to stay. It's the really violent stuff that gets people deported. Most of the other guys aren't actually facing immediate deportation - they want to be eligible for legal residency and citizenship at some point (a hope kept alive by Obama's disregard for immigration law) so they want a plea that will not just keep them in the country but allow them to eventually become citizens.
And here's the thing: I like immigrants. Man, those men and women who go through the process, are vetted, wait their turn, and come here are amazing. They appreciate America like most of the native born citizens can't. They work hard and they contribute incredibly to our society. I want more of those people. We allow a lot of legal immigration, but could allow more if we weren't burdened by millions who didn't wait their turn.
And here's the other thing: there simply aren't that many crimes that are going to block someone from legal residency or deport them. Literally we're only talking about physical domestic violence and felonies. And guess what? We don't want any more felons here. We grow enough of our own - we don't need them from other countries. Our legislators have essentially said - ok you can break some of the "minor" rules - just don't commit the big crimes and we'll leave you alone. And those people who can't even avoid breaking the big rules - the felonies - then want a deal that will pretend they didn't do one of those very few things where we've drawn the line and said ok you gotta go.
If you know you're here illegally, shouldn't you be that much more careful to obey the law. Seriously, if you're here illegally but you pretty much just live your life and don't get into trouble, you're going to get to stay. It's like when you're driving and you know your license or registration is expired. You drive that much more carefully because you don't want to give the cops an excuse to pull you over, right? I'm sure there are many who fall into that category and maybe my feeling on this is skewed by the job I'm in and the location. A large percentage of our cases come from the illegal alien community - a disproportionate percentage.
Is it so hard to just follow the rules?