'Administrative amnesty' bad precedent
y Robert Robb, columnist - Jul. 19, 2011 07:47 PM
The Arizona Republic

The country appears headed toward another bitter immigration debate. This time, the Obama administration is mostly to blame.

President Barack Obama has made the following pitch for comprehensive immigration reform: I've done what I've been asked to do on enforcement. Now, it's time for Republicans to give on legalization.

Obama has a partial case to make on border security. There are more boots on the border, more smartly deployed with improved technology.

By the administration's own assessment, the border is still far from secure, particularly in parts of Arizona. But what Congress has provided the funding for, the administration has pretty much done.

On interior enforcement, however, it's an entirely different story. There, the administration has adopted a series of policies that critics have labeled, with considerable justification, "administrative amnesty."

The Obama administration, of course, calls it something entirely different: prioritizing scarce resources.

Rather than go after individual illegal immigrants, the Obama administration is putting the squeeze on employers. And, in terms of deportations, it wants to focus on illegal immigrants who are dangerous.

So far, so good. Consequences for employers are the way to shrink the wink-and-a-nod system of hiring illegal workers. And who wouldn't want priority to be given to deporting dangerous illegal immigrants?

But it is clear from a couple of memos issued recently by John Morton, director of U.S. Immigration and Customs Enforcement, that the Obama administration is not just giving priority to employers and dangerous illegal immigrants. It has adopted an affirmative policy of not deporting other illegal immigrants who happen to come into ICE's maw.

The first memo sets out ICE's prosecutorial priorities. Those are illegal immigrants who pose a security risk, have a serious criminal record, are caught at the border, or are in violation of a previous deportation order.

The second memo says ICE should exercise "prosecutorial discretion" with respect to all other illegal immigrants. In other words, don't deport them.

In fact, Morton orders his staff to take action that in some cases gives illegal immigrants some legal status, such as deferred-action determinations. He further instructs that such favorable "prosecutorial discretion" should be provided early in the process and without even waiting for the illegal immigrant or his counsel to ask for it.

Now, one of the sins of our society is that we have enacted laws that cannot be universally enforced. So, law enforcement inherently has enormous discretion about what to enforce when and against whom. It's one of the things that threaten the rule of law.

This, however, isn't prosecutorial discretion. This is a decision to ignore the immigration laws as they apply to illegal immigrants who establish themselves and don't break any other laws. "Administrative amnesty" is a fair description.

This is, in essence, a thumbing of the nose to Arizona and other states that want to reduce the presence of illegal immigrants in their communities by having their police departments be force multipliers for ICE. If ICE isn't going to do anything with illegal immigrants who aren't serious criminals, what's the point?

One can partially understand where the president is coming from. Why deport people he believes should be given legal status?

Giving enforcement priority to criminal illegal immigrants is one thing. But, as a matter of policy, not enforcing the law with respect to others who come to ICE's attention through other means is a dereliction of the president's duty.

And it will engender a bitter debate. Legislation has already been introduced stripping the administration of such discretion. Republican presidential aspirants are sure to inveigh against Obama's "administrative amnesty."

I don't know how to move to a constructive discussion of immigration reform. But this isn't a step in the right direction.

Reach Robb at robert.robb@arizonarepublic.com or 602-444-8472.

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