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LA’s Gascon Orders Prosecutors Not to Charge Illegal Alien Criminals

AMAC Exclusive – By Andrew Abbott


Fresh off surviving the latest recall effort against him, radical Los Angeles District Attorney George Gascon is upping the ante once again on his pro-criminal, anti-law-and-order agenda. In a new “special directive” released last month, Gascon orders his prosecutors not to seek charges against illegal immigrants involved in criminal activity, and instead direct them to “diversion programs” in the hopes of preventing them from being deported.

The results of this policy have, predictably, been disastrous for America’s second largest city.  

Throughout the nine-page memo released in December, Gascon institutes a series of policies directing prosecutors under him to consider a person’s immigration status when deciding how to charge them. The document specifically states, “All charging determinations shall be undertaken with the goal of avoiding or mitigating the adverse immigration consequences of a decision.”

In other words, prosecutorial decisions on criminal illegal aliens must now be made with the intent of preventing them from being deported. In practice, this means that Gascon’s office will do everything within its power to avoid pressing criminal charges against illegal aliens who commit crimes, since doing so could place those criminals on the radar of federal immigration authorities.

Gascon goes on to mandate that prosecutors should handle plea bargains in a manner that will keep illegal immigrants out of prison, free from deportation, and without any criminal record. One of the strategies Gascon suggests to circumvent making criminals plead guilty is to enter an “alternative plea agreement” in order to “minimize the defendant’s exposure to adverse immigration consequences.” Another tactic is to “allow flexibility in sentencing…to preserve access to immigration relief.”

Instead of jail time, the memo instructs prosecutors to look for opportunities to funnel criminal illegal aliens to “diversion programs,” many of which were created by Gascon himself to help offenders avoid prison. Instead of taking violent criminals off the streets, diversion programs purport to address the “underlying causes” of criminal behavior while allowing perpetrators to walk free – much to the horror of past and potentially future victims.

Gascon has also ordered the alteration of all convictions so that any prison time served will not affect a criminal’s ability to circumvent established immigration law. One of the most alarming tactics Gascon outlines is “permitting a stipulation factual basis exists rather than requiring the defendant to plead to a specific conduct.”

In effect, this means that if an illegal immigrant is arrested for a crime like armed robbery, prosecutors can alter his agreement so that he doesn’t have to plead guilty or innocent to the crime. As a result, the perpetrator faces minimal, if any, jail time.

Gascon also includes a provision allowing illegal aliens to retroactively have their previous convictions vacated. According to the memo, if a criminal illegal alien is no longer in custody, they may file a motion to vacate their conviction if they were not made explicitly aware of “potential adverse immigration consequences.” If an illegal alien does so, Gascon orders that “the prosecutor respond swiftly and concede the motion.”

In other words, if an illegal immigrant commits a crime and then comes to someone in Gascon’s office claiming that the conviction could result in their deportation, the LA prosecutor’s office must vacate the conviction – washing the slate clean for someone already in the U.S. illegally who then committed a crime.

Gascon concludes his memo by reaffirming that all city prosecutors are “prohibited from sharing information on illegal immigrants with any federal immigration authorities.”

Notably, Gascon sets no limit on what crimes the new policies cover. This means that even violent felonies like murder and rape are now subject to be wiped away if Gascon’s office determines that punishing the offender may result in his or her deportation.

Even more outrageously, by factoring in immigration status before filing criminal charges, illegal immigrants will now receive preferential treatment to legal citizens. Two individuals committing the same crime in LA may now, by rule, face different treatment based on their immigration status. And it’s the illegal alien who receives the preference.

Gascon has likely been emboldened by his ability to successfully overcome multiple efforts to recall him from office. In deep-blue LA, it will be a monumental challenge to unseat anyone backed by a top Democrat donor such as George Soros. But with Gascon now actively working to make the city even more of a haven for illegal alien criminals, the day may soon come where voters have finally had enough.

Andrew Abbott is the pen name of a writer and public affairs consultant with over a decade of experience in DC at the intersection of politics and culture.    

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Alfred E. Newman
2 months ago

Gascon is simply participating in the creation of a solid new Democrat voting bloc. Welcome to the People’s Republic of America.

2 months ago

A Soros minion!!!

2 months ago

Can’t really piece together how all this happens. You have a DA that wants to let criminals free, and apparently the people that voted him in are ok with it. Why people want their communities more unsafe is beyond me. Years ago my dad had a good job opportunity out there in California and turned it down. Now I know why!

2 months ago

I would have to wonder if California’s elections are the most tampered with of all the states over decades and decades.

“Hey, that’s just California, what can you do about it?”

They appear to be the cornerstone of deceit in this country and in so many ways for as long as I can remember.

Rampant corruption.

Theresa Coughlin
2 months ago

let me get this straight. In LA, if criminals who have already broken our laws by coming into this country illegally and then commit more crimes, they get a pass by Gascon’s office if being held accountable for the additional crimes they have committed means they face possible deportation from the country. Someone needs to tell Gascon that it is his job to prosecute criminals who have broken our laws and hold them accountable for their crimes. The illegal alien criminals to whom he is ordering his office to go easy on have ALREADY BROKEN OUR LAWS WHEN THEY CAME HERE ILLEGALLY! Deportation is the consequence for that offense. To the law-abiding citizens living in Gascon’s LA I say this: If you value your safety, GET OUT NOW!

2 months ago

You get what you vote for, live with it fools.

Mike L
2 months ago

Maybe Gascon needs to be deported.

2 months ago

The SCUM that is Gascon, and his ilk!

2 months ago

So illegal immigrants, who have already broken federal law by being here illegally in the first place, won’t be charged by Gascon’s office for any more crimes they commit in his jurisdiction due to their not being aware of possible “adverse immigration consequences”?

Does this clown of a DA really believe that illegals who commit crimes after being released on to the streets of the US give a rip about what may happen to their “immigration” status? They were never planning to follow any path to legal citizenship anyway, as demonstrated by their continued lawbreaking.

How much deeper does Gascon plan to take the “hole” he’s dropped LA County into?

2 months ago

The Socialist Communist State of Californication. Gascon should be arrested!

2 months ago

Love it. This will tell all criminals in my state to move to Cali, the home of crime. I will
try to spread this message. That way, I can sell my 15 guns. They are worth over $15,000.00
and I would like to have the money. One point. I will NEVER sell the last one.

Chris Grodhaus
2 months ago
Reply to  GTPatriot

You will not need to sell your last gun. The government will take it away from you.

2 months ago

So, does this directive also allow citizens to defend themselves by killing these criminals without fear of prosecution from Gason’s communist officials? I sincerely doubt it!!
Thank God my parents rescued me from California years ago!!!

2 months ago

Can’t this be considered racial profiling and subject to a federal law suit of discriminating based on citizenship and racial status?

2 months ago
Reply to  Don

Unequal application of law , state legislature should intervene , fed. law should enforce Constitution , BUT , with all the crooks we have in those places , not a lot of hope anything will be done , imo

Thankful In Florida
2 months ago

As reprehensible as George Gascon and his policies are, what about the attorneys who follow his directives without comment or question? Where are the checks and balances in the California constitution to limit or eliminate such a lawless excuse for the state’s legal leader?
I guess one dubious perspective is that all non-Californian peoples can be thankful they live where they live.

2 months ago

Residents in LA may not be aware of this. Otherwise, surely there would be an outcry. Unfortunately, it seems they just move to another state where they will vote in this liberal ideology and wonder why life is miserable there!

2 months ago

Oh, and lets not forget the leader of this Cali-pak of degenerates.

Sir Gavin Newsom!

If the San Andreas fault could just open a few miles wider to let the ocean come in and surround the island of Cali…

No one needs to die, just stay on your island if you like living there so much.

Tongue in cheek, tongue in cheek.

2 months ago

Malfeasance and treason.

Michael Brown
2 months ago

“…the day may soon come where voters have finally had enough.” Or, maybe not.

2 months ago
Reply to  Michael Brown

That’s(kind of) what the British thought in 1776.

2 months ago
Reply to  Michael Brown

Hope you are right. But look at who voters put back into office and voted for the first time in the last mid term election. Scary.

2 months ago

Gascon and Soros sound like the same disturbing mind-set. People of this mindset are doing their best to ruin the free United States of America where morals are a priorty.

2 months ago

How can he order the prosecutor’s to break the law. This man is an elete A’hole who belongs in hell.

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