In the United States, non-citizens experience disproportionate consequences within the criminal justice system, as compared to naturalized citizens. Committing a non-violent offense as a non-citizen can, and often does, result in deportation and lifelong ban of reentry, whereas the same crime committed by a U.S. citizen often results in more lenient consequences, such as a fine, community service or supervised probation. If the difference between receiving a fine or being deported for a non-violent offence depends on one’s legal status, then we are not working in the interest of justice or safety.
In addition, many non-citizen victims of crime often do not report their victimization for fear of deportation. Similarly, non-citizens who witness crimes do not feel safe coming forward, knowing they may draw attention to their immigration status. These factors hinder safety within our communities. Everyone should feel safe enough to report a crime and comfortable enough to come forward as a witness.
Under District Attorney Mike Schmidt, a new immigration reform policy has allowed Multnomah County prosecutors to pursue cases with an immigration-neutral mindset in hopes of protecting victims, witnesses and non-violent offenders from deportation. This policy moves the county one step closer to equitable justice by keeping families together.
“Deportation does absolutely nothing to make us more safe,” said Schmidt. “Instead, it has the potential to break up families, threaten our local economy and propagate generational inequity. These outcomes make us less safe.”
This groundbreaking policy is the first of its kind in Oregon and across the nation. The policy orders deputy district attorneys to carefully weigh whether criminal charges will jeopardize an immigrant’s status throughout the entirety of the case, including while charging a defendant, plea bargaining and sentencing. The policy also allows the restructuring of punishments to avoid deportation, as long as it does not reduce the severity of the sentence.
Deputy district attorneys are no longer allowed to threaten deportation while negotiating plea deals, nor can they mention a person’s immigration status in open court, unless necessary for impeachment for bias or motive.
The Multnomah County District Attorney’s Office has ceased to provide U.S. Immigration and Customs Enforcement (ICE) with information related to immigration enforcement and will not cooperate with ICE unless court ordered. This policy also allows deputy district attorneys to reschedule or waive the court dates of victims, witnesses or defendants if they are at risk of being detained by federal law enforcement officers.
“This policy is about creating a space that is safe for all people to come seek justice, which makes all of us safer,” said Schmidt. When our community feels safe to report crime and participate in investigations, we increase public safety and security in our neighborhoods. Immigration policy reform sends a powerful message that everyone has the right to pursue justice.
Lorena Ambriz is EMO’s administrative specialist and public policy associate. She has a Master of Science in Criminology and Criminal Justice from Portland State University.
