DETROIT (Michigan News Source) – Democratic attorney general candidate Eli Savit defended his progressive prosecutorial record during Sunday’s debate on WDIV-TV with Republican Doug Lloyd, just as similar prosecution policies are drawing fresh scrutiny.
For Savit, the issue isn’t entirely new. The Trump administration took the Washtenaw County prosecutor and other county officials to federal court earlier this year over progressive immigration policies the Department of Justice (DOJ) alleged favored noncitizens and interfered with federal immigration enforcement.
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In a press release, the DOJ said, “Not only are Washtenaw County’s ‘sanctuary’ policies illegal under federal law, the policies shield criminal illegal aliens from apprehension by federal law enforcement.” Acting Attorney General Todd Blanche adds, “Federal agents are risking their lives to keep Michigan citizens safe, and yet Washtenaw County’s leaders are enacting policies designed to obstruct and endanger law enforcement.”
Savit Defends His Approach to Prosecution
During the candidates’ first televised debate, although he was not asked about immigration and did not address it, Savit defended progressive policies including eliminating cash bail, decriminalizing psychedelic drugs and declining to prosecute some low-level offenses. Savit argued those policies have allowed his office to concentrate resources on serious crimes.
“We put bad guys behind bars,” Savit said. “We prosecute serious crimes. And we do provide rehabilitative options.”
Lloyd, who is the Eaton County prosecutor, emphasized a different approach, saying prosecutors must “look at all the facts and evidence” when determining how cases should be handled.
Immigration Policies Also Part of Savit’s Record
Not discussed during the debate was the issue that put Savit at odds with the federal government as described above. In 2021, Savit adopted an immigration policy directing prosecutors to consider the potential immigration consequences of criminal charges and plea agreements. The broader guidelines also state that the prosecutor’s office will not report noncitizen civilians, crime survivors, witnesses or defendants to U.S. Immigration and Customs Enforcement (ICE). Savit’s office said the directives were intended to build trust between local law enforcement and immigrant communities.
DOJ’s April lawsuit alleged Savit’s directive instructed prosecutors to “avoid immigration consequences wherever possible” and to not inquire about a criminal defendant’s immigration status except in “off the record” private discussions with defense counsel. He also encouraged alternatives such as lesser charges, eliminating multiple counts or using diversion programs when a conviction could affect a defendant’s immigration status.
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The Justice Department characterized the Washtenaw policies as unlawfully obstructing federal immigration enforcement. Savit and county officials disputed the government’s position.
Federal Judge F. Kay Behm, who was appointed by former President Joe Biden, dismissed the case on August 21, finding that Washtenaw County had exercised authority protected under the Tenth Amendment and that the federal government could not compel local officials to carry out its immigration-enforcement priorities.
Similar Policies Face Fresh Scrutiny
Now the issue is resurfacing nationally.
A September 24 Just the News report detailed congressional scrutiny of prosecutors who consider immigration consequences when negotiating charges and plea agreements. The Justice Department is investigating Fairfax County Commonwealth’s Attorney Steve Descano over whether his office discriminated against American citizens by offering “sweetheart deals” for illegal aliens, while House Judiciary Committee Chairman Jim Jordan has sought records from prosecutors in other jurisdictions over similar policies.
That puts Savit’s record into a broader national debate as he campaigns to become Michigan’s next attorney general. Savit and Lloyd are competing in November to replace term-limited Democratic Attorney General Dana Nessel. Their recent debate highlighted competing philosophies about how the state’s top law-enforcement office should operate – and Michigan voters now have Savit’s own record on how he has or has not prosecuted criminals to consider as part of that debate.
