Lawyers in the Baltimore City State’s Attorney Office kicked a hornets nest Friday with advice about how to handle cases involving immigrants whose status here is legally dicey.
They advised that prosecutors should consider the “potential collateral consequences to certain immigrants” when it comes to charging them for “minor, non-violent criminal conduct” in light of the larger federal crackdown on certain illegal immigrants.
The office, which is overseen by State’s Attorney for Baltimore Marilyn Mosby, D, gave this guidance in a memo was leaked to the Baltimore Sun.
From the text, it is clear that Office didn’t just have suspects in mind. Prosecutors were asked to “consider those potential consequences to the victim, witnesses, and the defendant,” all of whom might be here illegally.
Still, the prospect of uneven justice because of the legal status of the offender has rankled some critics.
Rep. Andy Harris, R-Md., called it “a real shame that the State Attorney’s office is unwilling to enforce the law against illegal aliens who commit crimes in the United States.”
Sympathetic politicians and lawyers in many different localities have grappled with how not to snare illegal immigrants who are low-level offenders.
Los Angeles decriminalized street vending to keep those entrepreneurial hawkers, not all but many of whom are not here legally, from getting caught up in law enforcement nets.
And rather than urge prosecutorial discretion, the City of Denver is looking to reduce jail sentences for most petty, non-violent municipal offenses committed by anyone.
This would be a break for all Denver residents who land in court, legal and illegal. It would also have the effect of helping illegal offenders fly under the federal radar.
Editor’s note: An earlier version of this article stated that the State’s Attorney Office for Baltimore “is ultimately overseen by Maryland state Attorney General Brian Frosh.” A spokeswoman for AG Frosh wrote in to point out that this is not the case. We regret the error.
