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House Judiciary Committee issues subpoena to Philly DA Larry Krasner, demands immigration records

The Republican-led committee said Krasner, a Democrat, failed to provide materials that were requested in May.

District Attorney Larry Krasner at a press conference in May, denouncing criticism of his office leveled by Republican members of the House Judiciary Committee, and specifically its chairman, Rep. Jim Jordan.
District Attorney Larry Krasner at a press conference in May, denouncing criticism of his office leveled by Republican members of the House Judiciary Committee, and specifically its chairman, Rep. Jim Jordan.Read moreTom Gralish / Staff Photographer

The House Judiciary Committee subpoenaed Philadelphia District Attorney Larry Krasner on Wednesday, ordering him to turn over documents related to his office’s handling of immigration matters and criticizing what it called the prosecutor’s “pro-illegal-alien policies.”

The Republican-led committee said in a letter that it sent the subpoena after Krasner, a Democrat, promised but failed to provide materials that were requested in May.

The committee, in a letter signed by Rep. Jim Jordan (R., Ohio), its chair, accused Krasner of declining to prosecute or under-prosecuting foreign nationals so that they could avoid consequences connected to their immigration status. The committee said it was asserting its authority to try to end sanctuary-city policies in cities including Philadelphia.

In response, Krasner called the subpoena “yet another step in authoritarian efforts to do dirt in the dark” and to put pressure on state prosecutors.

“We have always complied with the law and will continue to do that,” Krasner said Wednesday. “That makes us different from [President Donald] Trump, who spends all day, every day, violating the law of the U.S. Constitution ― and morality.“

Krasner and the House committee have sparred since May, when the panel accused top city law enforcement officials of shielding criminal immigrants through sanctuary policies and demanded that they quickly turn over a trove of related records and correspondence.

That represented an escalation by Trump-allied Republicans in their criticism of Philadelphia government on rules concerning undocumented residents, particularly around limiting city cooperation with U.S. Immigration and Customs Enforcement.

In April, City Council approved high-profile “ICE Out” legislation aimed at restricting immigration enforcement in Philadelphia, putting the city at the forefront of local resistance to Trump’s deportation campaign. The Trump administration challenged part of that package of bills, and this month a federal judge ruled that the city could not prevent ICE agents from concealing their identities.

In May, in letters to Krasner, Police Commissioner Kevin Bethel, and Sheriff Rochelle Bilal, the Judiciary Committee accused each of hindering federal immigration enforcement. Each letter sought up to six years of immigration communications between their agencies and immigration officials and, in the sheriff’s case, with activist groups including No ICE Philly, Juntos, Asian Americans United, and others.

The Trump administration has clashed with cities and states that embrace sanctuary policies, contending they are hurting Americans and threatening to cut their federal funding. Philadelphia has long been among the targets.

Krasner had responded by telling the committee, which said it was conducting oversight of state and local jurisdictions that it believes endanger Americans by not assisting immigration agents, that such policing powers belong to the city.

“The legal errors are unsurprising,” Krasner wrote to Jordan and to Rep. Tom McClintock (R., Calif.), chair of the subcommittee on immigration, noting that neither had passed the bar. “The factual errors are also unsurprising, given your histories of adhering to wholly repudiated, counterfactual and unscientific election denialism, climate change denialism, and the like.”

Krasner wrote that he needed time to address each of the committee’s allegations and requests, and was working to hire a lawyer who would be in touch soon.

In July, Krasner wrote the committee and encouraged it to “question me in public so all Americans are able to see who is telling the truth.”

The committee’s “fear of such a public airing only makes clearer your lack of real purpose and your complicity in peddling lies,” such as, he said, that local and state prosecutors “rather than President Trump’s ill-conceived deportation actions are responsible for criminals going free.”

Immigrants are far less likely to commit and be arrested for crimes than U.S. citizens, Krasner noted. But the small number of immigrants who commit serious crimes are being deported by ICE before they can stand trial and be sentenced, given “a ‘get out of jail free’ card and a plane ride to another country, a country where they will never face American justice.”

The committee told Krasner on Wednesday that time to provide the requested records had run out. Its subpoena directs him to turn over the materials by July 29.

“Although you may disagree about the need to reform federal law to end sanctuary policies … you cannot seriously contend that the committee lacks the authority to do so,” the committee wrote, adding that Congress may amend statutes “to ensure that prosecutors cannot circumvent immigration law and allow aliens to escape accountability for their crimes.”

This is a developing story and will be updated.