House Judiciary report accuses NYC DAs of downgrading charges to protect illegal immigrants from deportation

As of October 29, 2026, a House Judiciary Committee report claims that District Attorneys in New York City are downgrading charges against noncitizens to protect them from deportation. The report details how DAs across all five boroughs instruct staff to pursue "immigration-conscious" prosecutions, reducing charges to avoid making defendants eligible for removal. For instance, Queens DA Melinda Katz has told her prosecutors not to focus on the misdemeanor vs. felony labels when dealing with illegal-immigrant defendants and uses an “immigration specialist” to frame dispositions that prevent deportation consequences. During a Manhattan press conference, when questioned about the report, Katz was surprised and unable to directly address specific allegations, while her office later stated they charge any defendant with an illegal firearm with the highest possible charge under the law. The Bronx DA, Darcel Clark, also instructs staff to pursue alternative charges for illegal-immigrant defendants to avoid deportation eligibility. Staten Island DA Michael McMahon has set up an Immigrant Affairs and Collateral Consequences Unit that instructs Assistant District Attorneys to hide key details of serious offenses. This practice is criticized as undermining public safety, with examples such as the 2020 murder of Maria Fuertes, 92, by Guyanese migrant Reeaz Khan, who was released despite a federal detainer after previous arrests.