A Democratic prosecutor in Fairfax County, Virginia, dropped a felony charge against a twice-deported illegal immigrant charged with strangulation and kidnapping, cutting a plea deal that let him off with a misdemeanor.

According to local outlet ABC7 News, Democrat Commonwealth’s Attorney Steve Descano advertises on his website that “wherever possible, Steve will make charging and plea decisions that limit or avoid immigration consequences.”

Guatemalan national Wilmer Osmany Ramos Giron was facing 360 days in prison for a felony charge involving abduction by force, strangulation and assault on a family member.

Ramos Giron was accused of assaulting his ex-wife during an argument. According to the victim’s testimony and court documents, Ramos Giron allegedly took his ex-wife’s keys, keeping her from leaving; placed two hands on her throat, impeding her breathing; and brandished a knife over her legs.  

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After the incident, the victim filed for an emergency protective order against Ramos Giron, which was granted.

Despite this, Descano’s office dropped the felony charge against Ramos Giron and allowed him to plead guilty to brandishing a blade, a misdemeanor.

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According to a statement from Immigration and Customs Enforcement (ICE), Ramos Giron is in the country illegally after previously being deported twice. The ICE statement said Ramos Giron has a prior federal conviction for a gun crime and has an ICE detainer filed against him.

Descano’s move has been harshly criticized by other local leaders who say he is contributing to a two-tiered justice system in favor of illegal immigrants.

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Virginia Attorney General Jason Miyares, a Republican, slammed Descano, saying, “If someone’s here illegally and they have committed a violent crime, or they’re a drug dealer and you can pick them up on an illegal weapons charge, you shouldn’t treat them more leniently than you would an actual U.S. citizen.

“He is willing to treat those that have broken our laws and come here illegally and give them a lenient sentence or plea deal than somebody that’s actually a legal citizen of the United States,” said Miyares. “That’s unconscionable to me that someone would think that is in some way protecting our community.”

Fairfax County Criminal Justice Advisory Board member Sean Kennedy also commented on the case, saying, “It’s appalling that Fairfax’s prosecutor would protect and abet this dangerous, violent offender precisely because he is illegally present.

“How does breaking one set of laws provide you immunity to break more? It shouldn’t, but it does in Fairfax’s two-tier justice system.”