Feds moving to dismiss some deportation cases. Houston Chronicle.
Interesting, since today it appears as a contradiction to the earlier report in July 2010, US government increasing enforcement of immigration laws: report at Jurist. The Obama administration portrays enforcement at one moment, yet actively starts practicing dismissal of illegal immigration cases just a few weeks later. They probably thought no one was watching.
It started with a little memo entitled Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens, by John Morton Assistant Secretary of ICE. PDF or Docstoc. A fancy memo no less. One that goes on ad nauseum about which illegal immigrant cases they should pursue. Buried in the depths at the end of the memo is the reality of how the Obama administration will achieve their goal in opening the floodgates of entry into the U.S. further. Quietly, of course. Wouldn’t want Americans in on this big give-a-away. Bolded here.
D. Prosecutorial discretion
The rapidly increasing number of criminal aliens who may come to ICE’s attention heightens the need for ICE employees to exercise sound judgment and discretion consistent with these priorities when conducting enforcement operations, making detention decisions, making decisions about release on supervision pursuant to the Alternatives to Detention Program, and litigating cases. Particular care should be given when dealing with lawful permanent residents. juveniles, and the immediate family members of U.S. citizens. Additional guidance on prosecutorial discretion is forthcoming. In the meantime, ICE officers and attorneys should continue to be guided by the November 17,2000 prosecutorial discretion memorandum from then-INS Commissioner Doris Meissner; the October 24. 2005 Memorandum from Principal Legal Advisor William Howard; and the November 7, 2007 Memorandum from then-Assistant Secretary Julie Myers.
So there you have it. Discretion. Do within the guidance offered.
And forthcoming is now. Additional guidance is evident today with the Department of Homeland Security giving the go ahead to let folks in now, who came into the U.S. illegally earlier.
Who gets to stay? HC.
they are following general guidelines that allow for the dismissal of cases for defendants who have been in the country for two or more years and have no felony convictions.
In some instances, defendants can have one misdemeanor conviction, but it cannot involve a DWI, family violence or sexual crime
Quite evidently, the Feds are abandoning their responsibility to enforce immigration laws in place as it applies to ALL illegal immigrants.
“They’ve made clear that they have no interest in enforcing immigration laws against people who are not convicted criminals,” said Mark Krikorian, executive director of the Center for Immigration Studies, which advocates for strict controls.
The reaction from attorneys hired by illegal immigrants.
The court “was terminating all of the cases that came up,” Gonzalez said. “It was absolutely fantastic.”
“We’re all calling each other saying, ‘Can you believe this?’ ” said John Nechman, another Houston immigration attorney, who had two cases dismissed.
So it appears then that rules in place that are unfavorable to a cause, warrant changing them to suit a group’s purpose. Laws included.
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