Baltimore, MD – Baltimore Chief Deputy State’s Attorney Michael Schatzow released a memo urging Maryland state prosecutors to exercise caution when charging undocumented immigrants with minor and nonviolent crimes. The Baltimore Sun reports that this instruction is in response to the Trump administration’s crackdown on immigration enforcement.
“In considering the appropriate disposition of a minor, non-violent criminal case, please be certain to consider those potential consequences to the victim, witnesses, and the defendant,” Schatzow wrote in the memo.
If these undocumented immigrants were to be charged with even a minor crime, they would become subject to detainment and deportation. This is in accordance with another memo, one issued in February by the Department of Homeland Security, and President Trump’s executive order titled “Border Security and Immigration Enforcement Improvements.” These documents make any undocumented immigrant who is accused of a crime a heightened priority for Immigration and Customs Enforcement, or ICE.
Studies estimate that 68 million people living in the United States have a criminal record. And according to 2015 data compiled by the Migration Policy Institute, of the 11 million people living in the country illegally, about 820,000 had a criminal record. Policies like Schatzow’s are designed to narrow the pool of people who may become part of this demographic, thus lowering their chances of deportation.
Elizabeth Alex, Baltimore regional director for CASA de Maryland, said in a statement to The Baltimore Sun that policies like these allow undocumented individuals to participate in the legal system without fear of arrest and removal. Otherwise, this increased visibility puts them at heightened risk.
“Prosecutorial discretion exists in all kinds of cases, and it’s more education to [prosecutors] about the multiple factors that they should take into consideration as they proceed,” she said. “The consequences are different today than they were a year ago.”
Republican Representative Andy Harris told The Baltimore Sun through a spokesperson that this memo is a disservice to the millions of voters who support this push for ICE removals.
“[It’s] a real shame that the State Attorney’s office is unwilling to enforce the law against illegal aliens who commit crimes in the United States,” he said. “A vast majority of Americans believe that illegal aliens who commit crimes while here in the U.S. should bear the full brunt of the law, and be deported.”
Deportation data is showing, however, that many arrested individuals may not have a criminal record at all. The Washington Post recently reported that around half of the 675 immigrants arrested in raids following the Trump administration’s lockdown on illegal immigration either had no criminal record or were previously convinced for traffic violations. Most of these violations were for drunk driving, a crime that triggers 1.5 million arrests per year in the United States.
Whether policies like Schatzow’s will be effective remains to be seen. In a statement to The Washington Post, ICE spokesperson Jennifer Eliza said that all undocumented immigrants will be subject to arrest regardless of their status.
“As Secretary Kelly has made clear, ICE will no longer exempt classes or categories of removable aliens from potential enforcement,” she said. “All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.”
