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DA plan to bar plea deals for illegal immigrants criticized
By BRIAN ROGERS and JAMES PINKERTON
April 1, 2009, 3:38PM

Assistant district attorneys and others today criticized a proposal being considered by Harris County District Attorney Pat Lykos in which criminal defendants would have to swear to their citizenship before receiving plea deals.

Four senior prosecutors, who asked not to be named, said Lykos’ First Assistant Jim Leitner discussed the plan with about 50 prosecutors during a meeting last Friday. Under the plan, defendants in the country illegally will not be eligible for probation or deferred adjudication, including mandatory probations under state law. If the accused lies, he or she could be prosecuted for perjury.

The prosecutors also said plea papers are being redrafted for defendants to swear to their immigration status. If they refuse to sign, they will not be eligible for any plea bargains and their cases will be set for trial.

Lykos acknowledged that her office is examining policies surrounding illegal immigation, but declined to comment on specifics.

One longtime prosecutor said the policy circumvents the intent of laws making probation the maximum punishment for some drug cases.

“I’m not a big fan of probation, but the law is the law, and I think we should follow the law,â€