Boulder DA Immigration Policy
December 15, 2019
The District Attorney’s Office seeks to provide equal justice for all involved in the criminal justice system. The District Attorney’s Office firmly believes everyone should have equal access to the criminal justice system. Equal access demands fair treatment of all victims, witnesses, and defendants that appear before all facets of the criminal justice system.
In order to ensure that the District Attorney’s Office has such an approach in cases involving immigrants as victims, witnesses, and/or defendants, please see our DA Immigration Policy below. In adopting this policy, I appreciate the input from our supervisors and staff, as well as from immigration attorneys. In particular, I want to thank Hans Meyer for his guidance and support throughout this process.
- Our office will not solicit or disclose information regarding a victim’s or witness’ immigration status or birthplace. Our office will make information available to victims regarding resources that can help with immigration needs and questions. Our office will not contact the federal government to provide information gathered as to an individual’s place of birth or immigration status. This is equally true for victims and witnesses.
- Prosecutors may consider the immigration and other collateral consequences to a defendant in recommending dispositions.
- To promote cases being completed prior to deportation proceedings, our office gives discretion to prosecutors to move up court dates, if requested by the defense and with the agreement of the court, as long as there is sufficient time to communicate with victims and ensure a victim’s right to be present and informed of court appearances is protected.
As an office, we are committed to providing the best possible services and support to our immigrant communities. If you have any questions regarding this policy, please do not hesitate to contact Michael T. Dougherty or Christian Gardner-Wood. Christian is our Director of Community Protection & Legislative Affairs and helped lead the effort to develop this policy.