Illegal immigrants are cut a break that white citizens are not especially with dwi.
At what point is it discrimination to be prosecuted while others are cut loose?
Equal protection clause from the Constitution:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The SCOTUS has ruled that "any person" in this context means just that, not just citizens. So in principle foreign nationals, legal or otherwise, enjoy protection under the law equal to that of citizens.
But some animals are more equal that other, as Orwell wrote.