Thread: Favorable discretion for DREAMers

ICE Prosecutorial Discretion Memo encourages favorable discretion for DREAMers
Last week U.S. Immigration and Customs Enforcement Director, John Morton, issued a new Memo providing guidance to agency employees on exercising prosecutorial discretion.

The memo states that "ICE officers, agents, and attorneys should always consider prosecutorial discretion on a case-by-case basis. The decisions should be based on the totality of the circumstances, with the goal of conforming to ICE's enforcement priorities."

Director Morton lists certain classes of individuals that warrant particular care. "The following positive factors should prompt particular care and consideration:



•the person's length of presence in the United States, with particular consideration given to presence while in lawful status;
•the circumstances of the person's arrival in the United States and the manner of his or her entry,particularly if the alien came to the United States as a young child;
•the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution ofhigher education in the United States;
•whether the person, or the person's immediate relative, has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
•the person's criminal history, including arrests, prior convictions, or outstanding arrest warrants;
•the person's immigration history, including any prior removal, outstanding order of removal, prior denial of status, or evidence offraud;
•whether the person poses a national security or public safety concern;
•the person's ties and contributions to the community, including family relationships;
•the person's ties to the home country and
•the person's age, with particular consideration given to minors and the elderly;
•whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
•whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative; ;
•whether the person or the person's spouse is pregnant or nursing;
•whether the person or the person's spouse suffers from severe mental or physical illness;
•whether the person's nationality renders removal unlikely;
•Whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative ofa U.S. citizen or permanent resident;
•whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; and
•whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department ofJustice, the Department ofLabor, or National Labor Relations Board, among others.

The memo states that, "[w]hile ICE may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is generally preferable to exercise such discretion as early in the case or proceeding as possible in order to preserve government resources that would otherwise be expended in pursuing the enforcement proceeding."

http://sinelson.typepad.com/susan-i-nel ... ation.html

Is there a way we can stop this?

Originally Posted by immigration2009

Is there a way we can stop this?

Not without impeaching Obama, Congress passing a mandatory full enforcement bill, or a new President.

Obama pretty much can get his cronies in these departments to ignore whatever illegals he wants.

After reading all the "Considerations memo" the Obama Admin. has just passed a full blown Amnesty to ALL IA's except maybe murderers.

How can they get away with this in direct disobidence to our immigration laws passed by Congress ?

I am waiting to hear from Congress and their reaction to this blatant attack on our Countries laws and USA Citizens !!