A Mixed Method Approach to Examine Prosecutors’ Charging Decisions for Undocumented Defendants

• In Event: Immigration and Crimmigration in the Courts

Abstract

The study examined the extent to which prosecuting attorneys circumvent charges for defendants facing potential immigration consequences. Data for the study consists of 20 semi-structured interviews and administrative data across nine court jurisdictions in a Midwest state. The results showed that prosecutors’ charge decisions reflect a “protective policy” toward undocumented defendants and vary by type of offense and across court jurisdictions. Implications for research, and policy are discussed.

Author

• Mario Cano, University of Texas at El Paso