Memo on the Equal Protection Implications of Immigration-Related Prosecutorial Considerations

Increasingly prosecutors are asked to c on sider immigrati on c on sequences in the charging and plea-bargaining process. Some states have adopted policies requiring prosecutors to c on sider such c on sequences, see, e.g., Cal. Pen. C. § 1016.3(b), and some prosecutor offices have adopted internal guidelines mandating the c on siderati on of immigrati on c on sequences. This advisory provides c on text for why such a prosecutorial policy or practice is legally necessary and permitted, if not ma