BY AIDAN GRAHAM
Brooklyn District Attorney
Eric Gonzalez is pushing back
against a new Trump Administration
policy that would
give federal authorities the
ability to deport immigrants
for past convictions — even
after a state judge has vacated
them.
Gonzalez joined 42 other
state and district prosecutors
from across the country
in signing a legal brief urging
U.S. Attorney General
William Barr to refrain from
giving federal immigration
courts the power to use state
convictions to deport non-citizens,
despite subsequent rulings
that vacate those convictions
as a result of due process
violations, or the discovery of
new, or defective evidence.
As an example, Barr’s new
rule would allow immigration
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courts to deport green card
holder Michael Waithe on
his 1987 burglary conviction,
while ignoring the fact that an
investigation by former Brooklyn
DA Kenneth Thompson’s
conviction review unit exonerated
him after discovering
his alleged crime never actually
occurred , Gonzalez said.
“It would have been absurd
for the federal government to
ignore this post-conviction
fi nding and deport the man
anyway and would be equally
unjust to ignore countless
other discretionary decisions
regarding old convictions
and sentences made in state
courts,” Gonzalez said.
And in his enthusiasm to
deport immigrants, Barr has
proven willing to tread on
states’ rights, haphazardly
upholding the sovereignty of
local courts in applying convictions,
Gonzalez signed his name to a legal brief challenging U.S. Attorney General William Barrs’ proposal to allow
immigration courts to deport immigrants using vacated convictions. Photo by Caroline Ourso
while ignoring their
authority to later dismiss
them, according to a legal justice
watchdog.
“Any change to decades of
immigration procedures and
precedent would unduly limit
the discretion of elected prosecutors
and infringe on state
and local rights,” said Miriam
Krinsky, executive director of
Fair and Just Prosecution.
Kings County is home to
nearly 1 million immigrants,
about 300,000 of whom are
non-citizens, according to a
2018 report by the Mayor’s Offi
ce of Immigrant Affairs .
Gonzalez fi ghts
Trump policy
DA spars with Barr over new
federal deportation guidelines
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