WASHINGTON & SANTA
FE, NM (By
Julia Preston, NYT)
November 17, 2011 ―
The Department of
Homeland Security
will begin a review
today of all
deportation cases
before the
immigration courts
and start a
nationwide training
program for
enforcement agents
and prosecuting
lawyers, with the
goal of speeding
deportations of
convicted criminals
and halting those of
many illegal
immigrants with no
criminal record.
The accelerated
triage of the court
docket — about
300,000 cases — is
intended to allow
severely
overburdened
immigration judges
to focus on
deporting foreigners
who committed
serious crimes or
pose national
security risks,
Homeland Security
officials said.
Taken together, the
review and the
training, which will
instruct immigration
agents on closing
deportations that
fall outside the
department’s
priorities, are
designed to bring
sweeping changes to
the immigration
courts and to
enforcement
strategies of field
agents nationwide.
According to a
document obtained by
The New York Times,
Homeland Security
officials will issue
guidelines on
Thursday to begin
the training program
and the first stages
of the court
caseload review.
Both are efforts to
put into practice a
policy senior
officials had
announced in June,
to encourage
immigration agents
to use prosecutorial
discretion when
deciding whether to
pursue a
deportation.
The policy,
described in a June
17 memorandum by
John Morton, the
director of
Immigration and
Customs Enforcement,
suggested that the
Obama administration
would scale back
deportations of
illegal immigrants
who were young
students, military
service members,
elderly people or
close family of
American citizens,
among others. While
the announcement
raised excited
expectations in
Hispanic and other
immigrant
communities, until
now the policy has
been applied
spottily, deepening
disillusionment with
President Obama in
those communities.
The Obama
administration has
removed high numbers
of illegal
immigrants, nearly
400,000 in each of
the last three
years. Homeland
Security Secretary
Janet Napolitano and
Mr. Morton said
those numbers would
not decrease, but
they wanted agents
and courts to focus
on deporting the
worst offenders,
including national
security risks,
criminal convicts
and those who
repeatedly violate
immigration laws.
Many immigration
offenses, including
being present in the
United States
without legal
status, are civil
violations; they are
not crimes.
Administration
officials have
flexibility to
transform
immigration court
procedures because
those courts are
part of the Justice
Department in the
executive branch,
not part of the
federal judiciary.
Central to the plan
is giving more power
to immigration
agency lawyers — the
equivalent of
prosecutors in the
federal court system
— to decide which
deportation cases to
press.
“We are empowering
the attorneys
nationally to make
them more like
federal prosecutors,
who decide what
cases to bring,”
said a senior
Homeland Security
official, who asked
not to be named
because the policy
has not been
formally announced.
In the first stage
of the court docket
review, which will
begin on Thursday,
immigration agency
lawyers will examine
all new cases just
arriving in
immigration courts
nationwide, with an
eye to closing cases
that are
low-priority
according to the
Morton memorandum,
before they advance
into the court
system.
At the same time,
immigrants
identified as high
priority will see
their cases put onto
an expedited
calendar for judges
to order their
deportations,
Homeland Security
officials said.
The goal is to
“reduce
inefficiencies that
delay the removal of
criminal aliens and
other priority cases
by preventing new
low priority cases
from clogging the
immigration court
dockets,” the
Homeland Security
document said.
Officials said the
first stage was an
“initial test run”
that would be
completed by Jan.
13.
The Transactional
Records Access
Clearinghouse, a
research group that
analyzes immigration
court data, reported
in September that
the backlog before
the nation’s 59
immigration courts
was at “a new
all-time high.”
In a second stage,
to begin Dec. 4, the
Department of
Homeland Security
and the Justice
Department will
start six-week pilot
projects in the
immigration courts
in Baltimore and
Denver, in which
teams of immigration
agency lawyers will
comb through the
current dockets of
those courts. They
will focus on cases
of immigrants who
have been arrested
for deportation, but
who are not being
held in detention
while their cases
proceed.
Immigrants who are
deemed to qualify
for prosecutorial
discretion will have
their cases closed,
but not dismissed,
officials said. That
means that agents
could re-open the
deportations at any
time if the
immigrants commit a
crime or a new
immigration
violation.
Immigrants whose
cases are closed
will be allowed to
remain in the United
States, but they
will be in legal
limbo, without any
positive immigration
status.
The pilot projects
will also end on
Jan. 13, and then
officials will
decide how to expand
the program to all
immigration courts
nationwide early
next year.
Also today, Homeland
Security officials
will introduce a
training program
based on scenarios
that could arise in
enforcement
operations, which
every Immigration
and Customs
Enforcement agent
must complete by
mid-January. The
goal is to instruct
agents, many of whom
have expressed
doubts about Mr.
Morton’s policy, to
apply the
prosecutorial
discretion criteria.
Homeland Security in this new policy publically admits agents the approach of deporting some illegal immigrants but not others requires a deep change in the mentality of the agents, who have long operated on the principle that any violation was cause for deportation.
Jon Garrido believes, "The primary question has always been: What defines criminal record? Is jaywalking or driving a car with a burned out tail light justify being tagged with a criminal record? This has been the case for the first three years of the Obama administration and will probably be continued "Probable Cause" for arrest labeling the undocumented as having a criminal record. This is the policy used by local police enforcement such as Sheriff Joe Arpaio in arresting undocumented then calling ICE to deport the arrested undocumented for having a criminal record."
"Will the new policy extend to local police enforcement such as Sheriff Joe Arpaio? Will ICE stop answering the phone when Arpaio calls ICE to deport an undocumented person now with a criminal record for being arrested for having a broken tail light?
"All the above confirms Obama lied in the first three years of his administration stating he had to uphold the law and deport all undocumented. Obviously, Obama lied he has no authority to reduce deportations. And the proof of his lie is, Obama has now changed who gets deported. I think Obama is using smoke and mirrors to obtain Hispanic votes but in the end, Obama will not be re-elected," claims Jon Garrido, owner and CEO of Hispanic News.
Republicans in Congress have denounced the new deportations policy, accusing the Obama administration of trying an end-run around Congress by granting de facto amnesty to illegal immigrants. Representative Lamar Smith, a Republican from Texas who is chairman of the House Judiciary Committee, said the prosecutorial discretion policy had the “specific purpose of overruling or preventing orders of removal for illegal immigrants.”
Administration officials said they would proceed case by case using existing legal authorities, and had no plans to exempt any large group of illegal immigrants from deportation.










