This is NOT equal justice. Also, if DACA renewal requires certain qualifications, that Commonwealth’s Attorney is gaming the system to help people evade those requirements. That is, I think, a clear instance of malfeasance, a coup against the people’s laws and regulations. Am I wrong?
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.