The Federation for American Immigration Reform (FAIR) has issued a significant call to action, urging Attorneys General in 22 states to investigate and halt “immigration neutral” prosecution policies, as detailed in a recent investigative report from its supporting organization, the Immigration Reform Law Institute (IRLI). This decisive move aims to address what FAIR identifies as a burgeoning crisis within the nation’s justice system, demanding immediate legal intervention to protect the integrity of the law.
IRLI’s comprehensive report, brought to light by FAIR, uncovers how certain progressive prosecutors are allegedly establishing a two-tiered justice system that inherently favors undocumented individuals over U.S. citizens. These controversial policies are designed to shield criminal aliens from the consequences of their actions, including deportation, while denying similar leniency and consideration to American citizens facing legal challenges, thereby creating a profound imbalance in legal proceedings and hindering immigration reform.
As part of this critical initiative, FAIR has meticulously sent formal letters to Attorneys General across a broad spectrum of states, particularly those featured prominently in IRLI’s investigative findings, and others with robust anti-sanctuary laws susceptible to such covert policy adoptions. The outreach emphasizes the urgent need for a thorough investigation into these practices, asserting that they are not only unconstitutional but fundamentally anti-American in their application, posing a threat to public safety.
Dan Stein, FAIR’s executive director and general counsel, powerfully articulated the organization’s stance, stating, “These ‘immigration neutral’ policies are not only anti-American but blatantly unconstitutional, as they disadvantage U.S. citizens in the criminal justice system solely to protect illegal aliens from the consequences of their actions.” He further stressed the imperative for state Attorneys General to leverage their authority, investigate these contentious prosecution policies, and enjoin them, thereby restoring equal justice system under the law for all.
IRLI’s report meticulously highlights specific jurisdictions where prosecutors appear to prioritize factors such as an individual’s immigration status or the potential for family separation when making critical charging, plea, and sentencing decisions for non-citizen defendants. This often leads to reduced charges or sentences, strategically avoiding triggers for federal immigration penalties. The investigation reveals that such policies, often driven by anti-borders ideologies and significant external funding, have resulted in tragic and avoidable outcomes, including instances of repeat offenses by criminal aliens who benefited from undue leniency, impacting US citizens.
Matt O’Brien, IRLI’s director of investigations, corroborated these findings, observing, “Our investigative work uncovers a disturbing pattern: prosecutors in sanctuary jurisdictions are systematically thwarting federal immigration enforcement by treating criminal aliens more leniently than Americans, all under the guise of ‘equity.’” He concluded that this erosion of public trust in the justice system not only dangerously impacts communities but also inadvertently incentivizes illegal immigration and persistent criminality, underlining the need for stringent legal action.
Building upon its extensive prior research into these complex issues, including a detailed analysis of District Attorney policies and a direct appeal to the Attorney General for federal intervention, IRLI continues its investigative work. FAIR stands ready to provide unwavering support and additional research to state Attorneys General committed to pursuing these vital investigations, ensuring that America’s constitutional law principles are upheld and that fairness is universally applied within the legal framework.
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