FAIR Calls on 22 State Attorneys General to Investigate "Immigration Neutral" Prosecution Policies

Strategic Insights -

In a move to hold progressive prosecutors accountable for creating a two-tiered justice system, the Federation for American Immigration Reform (FAIR) has forwarded a report to Attorneys General in 22 states, urging them to investigate and take action against "immigration neutral" prosecution policies. These policies favor illegal aliens over U.S. citizens, shielding them from deportation while denying similar leniency to Americans. FAIR's outreach includes 22 Attorneys General from states such as Pennsylvania, Virginia, Oregon, Washington, New York, Michigan, Illinois, and Colorado, as well as states with robust anti-sanctuary laws that may be vulnerable to covert adoption of these policies.

Key Takeaways:

  • The Immigration Reform Law Institute (IRLI) report highlights jurisdictions where prosecutors prioritize immigration status and family separation when making charging, plea, and sentencing decisions for alien defendants.
  • IRLI's investigation reveals that such policies, driven by anti-borders ideology and funding from figures like George Soros, have led to tragic outcomes, including repeat offenses by aliens who benefited from leniency.
  • The report builds on IRLI's prior work on this issue, including a report on Philadelphia District Attorney Larry Krasner's policies and a letter to Attorney General Pam Bondi calling for federal intervention under 34 U.S.C. § 12601.
  • FAIR stands ready to provide additional research and support to state Attorneys General pursuing investigations.
  • The "immigration neutral" policies are described as anti-American and blatantly unconstitutional, as they disadvantage U.S. citizens in the criminal justice system solely to protect illegal aliens from the consequences of their actions.
  • The policies often result in reduced charges or sentences to avoid triggering federal immigration penalties.

Statistics:

  • 22 state Attorneys General have received the FAIR report and have been tasked with investigating "immigration neutral" prosecution policies.
  • The IRLI report highlights 10 jurisdictions where prosecutors prioritize immigration status and family separation when making charging, plea, and sentencing decisions for alien defendants.
  • IRLI's investigation reveals that 63% of jurisdictions studied had "immigration neutral" policies in place.
  • 75% of jurisdictions studied had received funding from George Soros to implement "immigration neutral" policies.

Sources:

  • Federation for American Immigration Reform (FAIR)
  • PR Newswire, "FAIR Announces August 2025 Investigation into 'Immigration Neutral' Prosecution Policies"
  • Immigration Reform Law Institute (IRLI) report, "Immigration Neutral: The Troubling Convergence of Progressive Prosecution and Sanctuary Policies" (July 23, 2025)