Westchester County District Attorney

PURPOSE: The following represents the procedure governing the submission of an application made by defense counsel on behalf of a charged defendant who seeks consideration of the defendant’s immigration status in connection with a plea offer that has been extended to them by the Westchester County District Attorney’s Office (WCDAO).

PROCESS: Any application presented to the Immigration Committee (IC) for consideration must be submitted electronically to the attention of the IC Coordinator at IC@westchesterda.net no less than four (4) weeks prior to the first scheduled SCI Conference Date, or within the four (4) weeks immediately following the formal communication of a plea offer by a member of the WCDAO when there is no executed SCI Waiver.  The failure to timely submit such an application, or any parts thereof, shall result in the preclusion of that material which is not timely submitted from IC consideration.    

FORMAT: Each application submitted for IC consideration shall be comprised of a cover letter that summarizes the anticipated immigration status-related impact (ISI) upon the defendant, in conjunction with the authority upon which that anticipated ISI is based.

Each such application should be supported by all available mitigation material that may include, but is not limited to:

• official documents and/or records that substantiate defense counsel’s proffered ISI upon the defendant,
• unofficial written opinion concerning the defendant which is offered by an attorney or an advocacy group that provides immigration-related advice in a professional capacity,
• information relating a disproportionate ISI upon the defendant that will result from a previously extended or anticipated plea offer, in conjunction with a proposed alternative disposition that will avoid such an ISI, and
• personal information concerning the defendant that defense counsel believes to be related to the circumstances that gave rise to the charged crime(s) and which bear upon the perceived impact of a previously extended or anticipated plea offer by the WCDAO.

CONTACT: The members of the IC include ADAs Steve Bender, Anthony J. Molea, Shameika Mathurin, Shea Scanlon Lomma and Hazem Ennabi. CADA George Hlapatsos serves as the IC Coordinator and will address any questions or concerns that you may have regarding the foregoing when directed to his attention at IC@westchesterda.net.        

TKTKTKT

Beta version December 2024

The Westchester District Attorney’s Office Data Center has developed this online dashboard to provide the public information about the caseload, charging decisions, and other data related to prosecutions by the District Attorney’s Office. The goal is to expand additional data points in the interest of transparency and accountability.

Prosecution Intake 2017-2024

Annual Sentence Violations 2017-2024 (Violation of Probations, Violation of Conditional Discharge)

Annual Uniform Crime Reporting Intake 2017-2024

The Westchester County District Attorney’s Office (WCDAO) is committed to supporting all victims of crime with the information and guidance they require to understand their role in the prosecution of an offender without regard for their immigration status or proficiency with speaking the English language.

As the WCDAO recognizes that undocumented residents may unjustifiably feel reluctant to cooperate with law enforcement authorities due to their immigration status, we will continue to provide educational outreach to our vulnerable communities to assist undocumented residents avoid becoming the victims of crimes which are targeted toward them due to their undocumented status.

The WCDAO does year-round community outreach through education and advocacy on predatory crimes directed at undocumented residents, including crimes related to discrimination, safe work conditions, lawful wages and housing rights. All undocumented residents, whether crime victims or witnesses, must be made aware that speaking with the WCDAO and police will have no negative impact upon their immigration status.

The WCDAO is committed to ensuring that our undocumented residents understand that the protections of due process and equal protection embodied in our Constitution apply to every person, without regard for their immigration status.

The WCDAO will work to ensure that all of our community members, including undocumented residents, are made aware of their rights to be treated fairly and equally under the criminal justice system.

• The WCDAO will investigate and prosecute individuals or businesses that illegally victimize undocumented residents through many types of crime, including those involving discrimination and violations of safe work conditions, lawful wages and housing rights.
• The WCDAO encourages all undocumented residents, including both victims and witnesses, to cooperate with the WCDAO and the police.
• When asked and where appropriate, the WCDAO will provide legally eligible and appropriate witnesses/victims with guidance regarding the process required for obtaining U-Visas.

Although the WCDAO is not legally capable of issuing U-Visas and changing a person’s Immigration status, the WCDAO can aid in the U-Visa process by reviewing certification requests of the Form I-918B for individuals who have been victims of certain crimes in Westchester County. To qualify for certification, the victim must be fully cooperative in the investigation or prosecution of a case handled by the WCDAO, and must be a victim of a qualifying criminal activity as defined by U.S. Citizenship and Immigration Services (USCIS). Please note, signing the Form I-918B does not grant immigration status. Eligibility is determined by USCIS.

To request certification, please forward a letter, along with an executed G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to:

Office of the Westchester County District Attorney
Attn: U-Visa Coordinator
111 Dr Martin Luther King Jr. Blvd, 5th floor
White Plains, NY 10601