Trump shares ‘two-tiered justice’ claim about prosecutors and immigration

President Donald Trump shared a Just the News headline on Truth Social on 26 September accusing local prosecutors of creating “two-tiered justice” by shielding noncitizens from immigration consequences. His post contained the headline and a link to an article drawing together an Arlington prosecution policy, Philadelphia’s stated approach to cases involving noncitizens, and a separate federal investigation in Fairfax County. [1] [2]

In Arlington, ARLnow reported that a House Judiciary Committee report cited a memo asking prosecutors to consider alternative charges when a recipient of Deferred Action for Childhood Arrivals is accused of drink-driving. The stated aim was to avoid disproportionate immigration consequences. The committee made the stronger allegation that the policy meant some noncitizens would never be convicted of drink-driving because of their status. [5] [2]

Arlington’s chief prosecutor, Parisa Dehghani-Tafti, told the committee that reducing charges or sentences to avoid immigration consequences was appropriate only when consistent with public safety. She said it would not be considered in cases where her office sought an active prison sentence. She later called the committee’s report a “political sham” and accused it of misrepresenting her policies and testimony. [4] [5]

Philadelphia’s District Attorney’s Office says it seeks “immigration neutrality”, aiming for noncitizen defendants to face the same consequences as citizens. It says prosecutors can tailor cases involving minor, low-level, nonviolent offences to help defendants avoid deportation, and reports reviewing more than 400 cases since its case-by-case process began. [6]