New San Francisco District Attorney Brooke Jenkins’ Planned Review of Cases May Make Subject Some Immigrants to Removal

Megan Cassidy of the San Francisco Chronicle reports on recent developments at the San Francisco District Attorney’s Office where Brooke Jenkins has just been sworn in as District Attorney after the recall of District Attorney Chesa Boudin.

DA Jenkin’s planned review of cases in her new role may have an immigration impact on some defendants. Jenkins is quoted by the Chronicle saying her office will still consider immigration status, but that “it’s possible prosecutors could take off the table a deal for a plea designed to protect a defendant from deportation.”

Fellow Immprof blogger Professor Bill Hing is quoted in the article explaining that California state law requires prosecutors to err against deportation:

“As a district attorney,” Hing said, “you can achieve the interests of justice without having to incorporate a deportation penalty.”

This could include a district attorney tacking on other felonies or misdemeanors, or allowing a defendant to plead to an offense that would increase a prison sentence but spare them from a deportable conviction.

IE