Prosecutorial review puts immigration cases in holding pattern, infuses a sense of hope


By Nancy Lofholm
The Denver Post
Updated: 12/21/2011 08:16:13 AM MST


The oldest of eight sisters, Lizeth Amateco, 19, is joined by Ashley, 3, at their home in Aurora. (Craig F. Walker, The Denver Post)

Until recently, Lizeth Amateco had never heard the term "prosecutorial discretion." Now, her future depends on it.

Amateco, 19, is one of the 7,800 illegal immigrants whose cases are being reviewed by federal prosecutors during a six-week pilot program being carried out to test the effectiveness of prosecutorial discretion in immigration court in Denver. Cases also are being reviewed in Baltimore.

This review that has been underway for two weeks means that government attorneys are sifting through files and determining which cases should go on the "low priority" pile, effectively freezing proceedings, or on the "priority" stack. In the latter cases, the government would move forward with prosecutions and deportations.

While prosecutors huddle over the daunting stacks of files and Denver immigration attorneys stay busy trying to determine which of their cases might be set aside, the many illegal immigrants like Amateco, who fit the noncriminal, longtime-resident profile, are anxiously waiting for word on their fate.

"I think it's a great way to introduce some justice into the system," said Aminta Menjivar, a 20-year-old immigrant from El Salvador who is attending college at the University of Denver, facing deportation and also waiting to see where the review will put her case.

In the simplest terms, exercising prosecutorial discretion means choosing to press cases against felons, repeat offenders, gang members, those with an egregious record of immigration violations and those who pose a risk to national security, while leaving otherwise law-abiding citizens alone.

U.S. Immigration and Customs Enforcement Director John Morton has issued a list of 19 factors that the attorneys poring over the Denver files are taking into account.

Some are subjective. Others are easily quantified.

The attorneys are directed to give weight to circumstances such as being brought to the country as a child, pursuing an education, being the caretaker of someone disabled or seriously ill, contributing to the community and serving in the military.

Whichever pile cases land on, life will continue to be an undocumented limbo for many. Being placed on the low-priority pile means cases are only put on hold, not dismissed.

"This (prosecutorial discretion) would be an absolute godsend for some. For others, it might not be so great," said Laura Lichter, a Denver immigration attorney and president-elect of the American Immigration Lawyers Association.

Nancy Lofholm: 970-256-1957 or nlofholm@denverpost.com

(several more SOB stories at the source link)

http://www.denverpost.com/news/ci_19589923?source=rss