Report: NYC DAs Coached Prosecutors on 'Immigration Safe' Plea Deals

New York City’s elected district attorneys have trained prosecutors to shape plea deals so that noncitizen defendants can avoid deportation, according to an interim staff report released Monday by the Republican-led House Judiciary Committee.

The report, issued by Chairman Jim Jordan of Ohio and immigration subcommittee Chairman Tom McClintock of California, names all five borough prosecutors: Darcel Clark of the Bronx, Melinda Katz of Queens, Alvin Bragg of Manhattan, Eric Gonzalez of Brooklyn and Michael McMahon of Staten Island. According to Conservative Daily News, the committee says those offices give foreign nationals “preferential treatment” that “similarly situated Americans do not receive.”

Zero detainers honored

The committee’s most striking figure involves the NYPD. According to Just The News, the report says the department received nearly 10,000 detainer requests from Immigration and Customs Enforcement in roughly the past year and honored none of them. The report also says the NYPD received 20,255 detainers between July 1, 2018, and June 30, 2026, and did not honor a single one, Just The News reported.

A detainer is a formal request asking a local jail or police agency to notify ICE before releasing someone, or to hold that person briefly so federal agents can take custody. According to Just The News, the report says the city’s Department of Correction received nearly 3,000 detainers over the same period and refused all of them. Conservative Daily News noted that city law allows cooperation only when there is a judicial warrant and a serious conviction.

‘Offer a non-deportable offense’

The New York Post, which first obtained the report, said a 2019 Bronx training guide on “immigration-conscious plea bargaining” told prosecutors to “offer a non-deportable offense.” According to the Post, the guidance extended even to cases involving children, telling assistant district attorneys to “offer something that does not have the child’s age as an element of the crime.”

The report says the Bronx office even suggested charges for “legally impossible” crimes such as “attempted reckless assault,” because such convictions cannot serve as the basis for removal proceedings, according to Conservative Daily News.

PJ Media pointed out an important limit in the reporting: the guidance concerns which offense a defendant pleads to, and the public material does not identify a specific child-victim case where the instruction was used.

‘Immigration safe’ deals in Queens

In Queens, Katz told prosecutors to “exercise extreme caution” and not to fixate on whether a charge is labeled a felony or a misdemeanor when noncitizens are charged, according to the New York Post. Her office employs an immigration specialist to help shape pleas, Conservative Daily News reported.

According to Conservative Daily News, a Queens assistant district attorney wrote in a May email obtained by the committee that the office had “basically made a [plea] deal which is ‘immigration safe.'” PJ Media reported that Katz’s own office has said that in her first year she agreed to reduce or vacate the convictions of 21 defendants to avoid immigration consequences.

Brooklyn has sought “immigration-neutral” outcomes since 2017, and Staten Island has a unit that asks ICE to delay deportations, according to Conservative Daily News. Bragg’s office called its 2022 policy, which asked prosecutors to seek outcomes that avoid immigration consequences in misdemeanor cases, “outdated,” the outlet reported.

DAs stay quiet

None of the five district attorneys’ offices responded to the New York Post’s requests for comment, according to Conservative Daily News. The committee first wrote to the prosecutors in May. Katz initially refused, arguing state prosecutions fall outside congressional oversight, and complied only after an August letter warned of a possible subpoena, the outlet reported.

“When did protecting a criminal’s immigration status become a part of a DA’s job description?” Republican City Council Member Joann Ariola asked, according to Conservative Daily News. The committee said it will keep investigating sanctuary policies “to inform potential legislative reforms.”

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Daily Beltway
Tom McCullaghhttps://dailybeltway.com
Tom is a credentialed White House correspondent and the founder and editor of Daily Beltway, an independent news outlet covering the White House, Congress and federal policy from a conservative perspective. He reports from the White House and Capitol Hill and writes daily analysis of administration actions, congressional votes and federal agency decisions. Daily Beltway is independently owned and operated, with no corporate or party ownership. Contact: tom@dailybeltway.com

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