Answering Your Questions on the AG’s Sweeping Memo
Dear Friends,
At Texas Defender Service, we’ve received a lot of questions on social media about the U.S. Attorney General’s sweeping memo announcing her intentions to expand use of the death penalty.
In that memorandum, the Attorney General stated that her office would assist states in prosecuting capital crimes. The Attorney General also announced that federal prosecutors would be expected to seek the death penalty for capital crimes “committed by aliens who are illegally present in the United States.” She directed federal prosecutors to seek harsh punishments. We wanted to take a moment to answer some of your concerns. Below, check out our answers to the questions we’ve heard the most.
For more information follow us on TikTok, where we’re working to answer your questions in real time (drop your comments and questions in the TikTok comment bar). We will keep you updated about the fight ahead and what you can do.
With gratitude,
Burke Butler
Executive Director
Texas Defender Service
Question 1: Does the Attorney General’s memorandum mean that people can receive the death penalty just because they are undocumented?
No, it doesn’t. But the Attorney General’s memo does order federal prosecutors to specifically target people without legal status with the death penalty if they commit a capital crime. This order flies in the face of the United States Constitution’s prohibition on discrimination based on national origin. The mandate to selectively punish based on a person’s county of birth is discriminatory and cruel to its core. It contravenes who we are as a nation and our most basic constitutional protections.
Question 2: Is my local county prosecutor required to follow the Attorney General’s directive?
No, they aren’t. Local prosecutors are beholden to the people they represent and who elected them. They are obligated to do what is in the best interests of their community and to follow state law and the United States Constitution. Prosecutors’ number one job is to promote public safety in their communities. Texas law, for example, provides that the “the primary duty of an attorney representing the state . . . is not to convict but to see that justice is done.” The evidence is clear that the death penalty doesn’t reduce violent crime. Further, prosecutors know that the death penalty costs millions of dollars, draining public funds that could be instead used on evidence-based initiatives to prevent violent crime from occurring in the first place.
Question 3: Does this order cause concrete, on-the-ground harm?
Yes, it does. The order announces that the AG will fight in the courts to roll back Eighth Amendment precedents that protect vulnerable people from the death penalty. Some provisions of the order could lead to increased death sentences and executions in Texas and across the country. That’s why Texas Defender Service and so many other organizations are preparing to fight back.
Question 4: Can I help?
Yes, you can. You have a voice in how your local elected officials act. Hold your local officials accountable. Pay attention to the death penalty cases where you live and don’t be afraid to make your voice heard. The Attorney General’s cruel memo is out-of-sync with public opinion, constitutional precedent, and public safety.
