They already do this in Canada and the UK and the result is foreign indian nationals getting 5 months for child rape because a 6 month or larger sentence would get them deported. Yes that really happened.
Not surprising they are also trying it here. We need legislation to make sure that they can't.
Arlington’s Commonwealth’s Attorney testified that her office has a DUI policy specifically for DACA recipients. In a small number of cases, prosecutors have considered changing a DUI to a different first-degree misdemeanor so the defendant can renew DACA status. (We don’t have first-degree misdemeanors - they are called Class 1 misdemeanors - surprised an elected prosecutor doesn’t know that).
She says the defendant is still held accountable and the original DUI charge remains visible. But DACA status is a factor in the plea resolution, one that an American citizen charged with the same offense cannot invoke.
Should immigration status affect which crime appears on a defendant’s record?
Source: Dehghani-Tafti deposition, p. 89, lines 6–22.