Acting District Attorney Eric Gonzalez defended his decision to consider immigration status when offering plea agreements and bringing charges, during an interview with WNYC's Brian Lehrer.
He said the policy only applies to low-level charges like marijuana possession, which can have collateral consequences on non-citizens. He said he hired two immigration attorneys to advise his staffers on how to protect green card holders and other immigrants, by considering other pleas that result in the same length of sentence.
"These low-level offenses can be very critical to prevent them from getting citizenship," he explained. "It can prevent them from being allowed reentry if they leave the country and go home to visit relatives."
Criminal convictions can also get someone deported.
Gonzalez made national headlines when he announced the policy in April. He's one of several prosecutors who have taken steps to protect immigrants from deportation over minor crimes following President Donald Trump's election.
But other Brooklyn District Attorney contenders have different opinions. Councilman Vincent Gentile and Patricia Gatling both told Lehrer they're against having separate policies for immigrants and citizens.
Gentile said any change in prosecuting low-level crimes would have to be across the board. "We don't want to create a new set of disparities," she said.
Gatling said she would decline to prosecute more low-level offenses in general, which could help all defendants, regardless of immigration status. She singled out marijuana and prostitution.
The three other challengers, however, agree with Gonzalez's new policy of looking at immigration status. They are Ama Dwimoh, Anne Swern and Marc Fliedner. Swern noted that immigrants can be penalized disproportionately for engaging in the same conduct as citizens.
"If the impact on somebody includes immigration consequences, then that has to be taken into consideration in our charging decisions and our plea decisions," added Fliedner.
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