WASHINGTON—Today, the Immigration Reform Law Institute (IRLI) published an investigative report revealing how “progressive” prosecutors in sanctuary jurisdictions across the country are creating a two-tiered justice system that favors illegal aliens over American citizens. The report details how these prosecutors deliberately offer lenient charges, plea deals, and sentences to non-citizen defendants solely to shield them from deportation—practices that blatantly violate the Fourteenth Amendment’s guarantee of equal protection under the law, as well as analogous provisions in state constitutions. In the report, IRLI calls on the U.S. Department of Justice (DOJ) and State Attorneys General to investigate and sue these jurisdictions under federal and state law to end this anti-American discrimination.
The new report builds on IRLI’s prior investigations, including a 2024 exposé on Philadelphia District Attorney Larry Krasner’s policies and a May 2025 letter to Attorney General Pam Bondi urging federal action. Through extensive research of public records, policies, and case outcomes, IRLI identifies the worst offending jurisdictions, including Brooklyn and Westchester County in New York; Portland, Oregon; Boulder and Denver in Colorado; Ann Arbor, Michigan; Los Angeles and San Francisco in California; Chicago, Illinois; Seattle, Washington; and Arlington County, Virginia. In these areas, prosecutors are instructed to prioritize “immigration-neutral” outcomes for non-citizens—such as reduced charges or diversion programs—while denying similar leniency to U.S. citizens facing comparable offenses.
IRLI’s analysis demonstrates that these policies stem from a sham, Soros-funded ideology that misuses Supreme Court precedents like Padilla v. Kentucky to justify undermining federal immigration enforcement. The report argues that citizenship-based discrimination triggers strict scrutiny under the Equal Protection Clause, as affirmed in cases like Graham v. Richardson and Students for Fair Admissions v. Harvard College. These practices fail constitutional muster, lacking any compelling interest and instead eroding public safety by incentivizing criminality among illegal aliens.
Furthermore, IRLI outlines in this report how “immigration neutral” prosecution policies expose jurisdictions to federal liability under Section 12601 of the Violent Crime Control and Law Enforcement Act, empowering DOJ to enjoin patterns of unconstitutional conduct. Precedents like United States v. City of Ferguson and United States v. Maricopa County provide a clear roadmap for DOJ to dismantle these discriminatory schemes and restore equal justice. The report also details how State Attorneys General in affected states—such as New York, California, Colorado, Oregon, Michigan, Illinois, Washington, Virginia, and Pennsylvania—have authority under state constitutions and civil rights laws to investigate and enjoin these practices, complementing federal efforts with state-level enforcement.
“The evidence we’ve uncovered shows a deliberate pattern of favoritism toward non-citizens in major cities, driven by ideologies that prioritize open borders over public safety,” said Mateo Forero, IRLI’s director of investigations. “From Brooklyn’s consultations on hundreds of cases to Boulder’s lenient sentences that enabled repeat offenders, these practices have real victims. IRLI will continue our investigations, submitting public records requests to reveal case data and outcomes, as we press for action from national and state authorities.”
“What these jurisdictions have to learn is that going easy on alien criminal suspects and defendants, to save them immigration consequences, discriminates against Americans even as it endangers our communities. It is national origin discrimination, pure and simple,” said Christopher J. Hajec, acting executive director and general counsel of IRLI. “We hope the Department of Justice and State Attorneys General, using our thorough and eye-opening report, launch their own investigations into these jurisdictions and take them to court to end such flagrantly unconstitutional policies. In America, when it comes to the serious matter of charging and prosecuting people for crimes, justice must be equal for all, not unequal for American citizens.”
Read the complete report here.
