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  1. #1
    Senior Member Judy's Avatar
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    An ICE Memo Lays Out The Differences Between Trump And Obama On Immigration Enforceme

    An ICE Memo Lays Out The Differences Between Trump And Obama On Immigration Enforcement

    Among the instructions: Attorneys were told they no longer had to check the inbox where immigration lawyers emailed requests for deportation relief.

    Hamed Aleaziz
    BuzzFeed News Reporter
    Posted on October 8, 2018, at 3:09 p.m. ET

    Attorneys for Immigration and Customs Enforcement were restricted from granting reprieves for certain immigrants facing deportation, ordered to review and potentially reopen previously closed cases, and told that nearly all undocumented immigrants were priorities for deportation, according to a previously unreleased memo obtained by BuzzFeed News.

    The memo, which was issued Aug. 15, 2017, and obtained through a Freedom of Information Act request, provided a roadmap for how ICE attorneys were to prosecute cases under the Trump administration. It was written by Tracy Short, ICE’s principal legal adviser and head of the attorneys who handle deportation cases in court.

    While immigration lawyers had long reported anecdotally that such changes had taken place in the courtroom, the memo is the first detailed explanation of how government attorneys were told to handle deportation cases and how to implement Trump’s executive order on immigration enforcement issued Jan. 25, 2017.

    “Prosecutorial discretion is an act of administrative leniency, it is not an entitlement,” Short wrote.

    Under the Obama administration, ICE attorneys were encouraged to request the dismissal or indefinite suspension of deportation cases of immigrants who were not serious criminals or national security threats. To do so, the administration directed ICE attorneys to look for qualifying cases and encouraged immigration attorneys to email ICE with requests for “prosecutorial discretion.”

    Help us break more stories. If you want more reporting like this, become a BuzzFeed News supporter.

    Obama administration officials believed their approach would focus ICE’s limited resources on those unauthorized immigrants with the worst criminal records, as opposed to those who were largely contributing members of society.

    Short’s memo told attorneys they were no longer required to check the email inbox used to receive requests for leniency from immigration attorneys. Short also wrote that ICE attorneys could consider prosecutorial discretion for immigrants in certain circumstances, such as a relative of a military member, has an obvious claim to status, has an “extraordinary humanitarian factor,” or is an asset to state or federal law enforcement. Even then, ICE attorneys must receive written approval from senior leadership in Washington for such a request.

    Still, attorneys across the country have rarely seen immigrants granted reprieves, regardless of their circumstances, said Laura Lynch, senior policy counsel at the American Immigration Lawyers Association.

    “The revelation of the memo is important because it shows how the ICE trial attorneys were instructed to stop exercising prosecutorial discretion in all but the most extreme circumstances,” said David Leopold, an immigration attorney at Ulmer and Berne in Cleveland. “The memo changed prosecutorial discretion by all but forbidding ICE prosecutors from using their common sense or showing any compassion.”

    Sarah Pierce, a senior policy analyst at the Migration Policy Institute, said the “memo is in line with the broader interior enforcement goal of the administration: Enforce immigration laws against everyone.”

    The memo also directed ICE attorneys to review previously closed cases, instructing them to look for cases that don’t fit the administration’s new immigration enforcement priorities, which include practically all undocumented immigrants, and to prioritize reopening cases in which individuals had a criminal history or evidence of fraud. At the same time, attorneys were told that practically all undocumented immigrants were now priorities for deportation in the court.

    As of August 2018, the government had requested the reactivation of nearly 8,000 deportation cases that had been administratively closed. The previous fiscal year, which included nearly four months of the Obama administration, there were nearly 8,400 such requests. The pace of such requests is nearly double that of the last two years of the Obama administration, when there were 3,551 and 4,847 such requests, respectively. Attorney General Jeff Sessions limited the ability for immigration judges to indefinitely suspend deportation cases in June.

    “This is an unrelenting, unremitting deportation push. From that point of view, it is eye-opening in its scope, trying to make sure that no stone is unturned,” said a government official familiar with the memo who was not authorized to speak about it. “It systematically took any possibility where some independent judgment could be exercised by a government attorney and made it very clear they know what their marching orders are.”

    Read The Memo

    https://www.buzzfeednews.com/article...emo-discretion
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  2. #2
    Senior Member Judy's Avatar
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    All deportation orders need to be moved out of DOJ and back to ICE, this needs to be a top priority for Congress. The mission is to get these people out of our country ASAP, not listen to their whines and wails, appeals or pay for detentions. It is to get them the hell out of here immediately all illegal alien family members and minor children with them, upon discovery and arrest.
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    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    MW
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    Quote Originally Posted by Judy View Post
    An ICE Memo Lays Out The Differences Between Trump And Obama On Immigration Enforcement

    Among the instructions: Attorneys were told they no longer had to check the inbox where immigration lawyers emailed requests for deportation relief.

    Hamed Aleaziz
    BuzzFeed News Reporter
    Posted on October 8, 2018, at 3:09 p.m. ET

    Attorneys for Immigration and Customs Enforcement were restricted from granting reprieves for certain immigrants facing deportation, ordered to review and potentially reopen previously closed cases, and told that nearly all undocumented immigrants were priorities for deportation, according to a previously unreleased memo obtained by BuzzFeed News.

    The memo, which was issued Aug. 15, 2017, and obtained through a Freedom of Information Act request, provided a roadmap for how ICE attorneys were to prosecute cases under the Trump administration. It was written by Tracy Short, ICE’s principal legal adviser and head of the attorneys who handle deportation cases in court.

    While immigration lawyers had long reported anecdotally that such changes had taken place in the courtroom, the memo is the first detailed explanation of how government attorneys were told to handle deportation cases and how to implement Trump’s executive order on immigration enforcement issued Jan. 25, 2017.

    “Prosecutorial discretion is an act of administrative leniency, it is not an entitlement,” Short wrote.

    Under the Obama administration, ICE attorneys were encouraged to request the dismissal or indefinite suspension of deportation cases of immigrants who were not serious criminals or national security threats. To do so, the administration directed ICE attorneys to look for qualifying cases and encouraged immigration attorneys to email ICE with requests for “prosecutorial discretion.”

    Help us break more stories. If you want more reporting like this, become a BuzzFeed News supporter.

    Obama administration officials believed their approach would focus ICE’s limited resources on those unauthorized immigrants with the worst criminal records, as opposed to those who were largely contributing members of society.

    Short’s memo told attorneys they were no longer required to check the email inbox used to receive requests for leniency from immigration attorneys. Short also wrote that ICE attorneys could consider prosecutorial discretion for immigrants in certain circumstances, such as a relative of a military member, has an obvious claim to status, has an “extraordinary humanitarian factor,” or is an asset to state or federal law enforcement. Even then, ICE attorneys must receive written approval from senior leadership in Washington for such a request.

    Still, attorneys across the country have rarely seen immigrants granted reprieves, regardless of their circumstances, said Laura Lynch, senior policy counsel at the American Immigration Lawyers Association.

    “The revelation of the memo is important because it shows how the ICE trial attorneys were instructed to stop exercising prosecutorial discretion in all but the most extreme circumstances,” said David Leopold, an immigration attorney at Ulmer and Berne in Cleveland. “The memo changed prosecutorial discretion by all but forbidding ICE prosecutors from using their common sense or showing any compassion.”

    Sarah Pierce, a senior policy analyst at the Migration Policy Institute, said the “memo is in line with the broader interior enforcement goal of the administration: Enforce immigration laws against everyone.”

    The memo also directed ICE attorneys to review previously closed cases, instructing them to look for cases that don’t fit the administration’s new immigration enforcement priorities, which include practically all undocumented immigrants, and to prioritize reopening cases in which individuals had a criminal history or evidence of fraud. At the same time, attorneys were told that practically all undocumented immigrants were now priorities for deportation in the court.

    As of August 2018, the government had requested the reactivation of nearly 8,000 deportation cases that had been administratively closed. The previous fiscal year, which included nearly four months of the Obama administration, there were nearly 8,400 such requests. The pace of such requests is nearly double that of the last two years of the Obama administration, when there were 3,551 and 4,847 such requests, respectively. Attorney General Jeff Sessions limited the ability for immigration judges to indefinitely suspend deportation cases in June.

    “This is an unrelenting, unremitting deportation push. From that point of view, it is eye-opening in its scope, trying to make sure that no stone is unturned,” said a government official familiar with the memo who was not authorized to speak about it. “It systematically took any possibility where some independent judgment could be exercised by a government attorney and made it very clear they know what their marching orders are.”

    Read The Memo

    https://www.buzzfeednews.com/article...emo-discretion
    Most of the positives here can be directly attributed to our Attorney General, Jeff Sessions. Sessions has been a one man wrecking crew where changing Obama administration policies on immigration are concerned.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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  5. #5
    Senior Member Judy's Avatar
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    Actually, DOJ is a target of the MEMO, complaining that the backlog of cases and time delays between arrests and deportations by DOJ was unacceptable, based on an email to Short by John Kelly, Secretary of DHS at the time. DOJ is not the right department to handle the large volume of deportation cases. They make a "federal case" out of each one, when it is or should be a simple 2 question process.
    Last edited by Judy; 10-08-2018 at 11:32 PM.
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    nearly all undocumented immigrants were priorities for deportation, according to a previously unreleased memo obtained by BuzzFeed News.
    DACA Amnesty for illegal aliens continues under the hands of Trump and this signals illegal aliens there will be special classes given rights far beyond any rights US Citizens recieve to violate our laws.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  7. #7
    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  8. #8
    Senior Member JohnDoe2's Avatar
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    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  9. #9
    MW
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    Quote Originally Posted by Judy View Post
    Actually, DOJ is a target of the MEMO, complaining that the backlog of cases and time delays between arrests and deportations by DOJ was unacceptable, based on an email to Short by John Kelly, Secretary of DHS at the time. DOJ is not the right department to handle the large volume of deportation cases. They make a "federal case" out of each one, when it is or should be a simple 2 question process.

    Huh, did we read the same article? The article is concerning the prosecutorial discretion given to ICE by the Obama administration and the change in policy under the Trump administration to make all illegals a priority for deportation. It had nothing to do with the DOJ or their mission other than to create more cases for them to prosecute through the immigration courts. For the record, DHS and DOJ work together on this. DHS has taken prosecutorial discretion away from ICE and DOJ has has re-opened illegal alien cases previously closed under the Obama administration. Furthermore, AG Sessions has cracked down on immigration judges with new policies that greatly reduces their latitude in adjudicating immigration and asylum cases.

    You seem to be under some misguided perception that DHS and DOJ work against one another, when in actuality they work together within the executive branch of our government. Yes, they are two separate departments, but that doesn't mean they don't consult with each other and work together to achieve a connected goal. Your theory that DHS should be in control of the immigration courts doesn't make much sense in my opinion.

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  10. #10
    Senior Member Judy's Avatar
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    Read page 2 about the delays in deportations by DOJ being unacceptable. That's what I'm referring to. Nothing in the memo has anything to do with Sessions, other than this criticisim about his department, everything else is about addressing and complying with Trump's EO.
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