The DHS six-page document, issued on Nov. 20, states in Section D, entitled “Exercising Prosecutorial Discretion,” that, DHS personnel should consider factors such as extenuating circumstances involving the offense of conviction; extended length of time since the offense of conviction; length of time in the United States; military service; family or community ties in the United States; status as a victim, witness or plaintiff in civil or criminal proceedings; or compelling humanitarian factors such as poor health, age, pregnancy, a young child, or a seriously ill relative. The section concludes stating that this list is not “exhaustive” and that “decisions should be based on the totality of circumstances.” The memorandum goes into effect on Jan. 5, 2015. “In the immigration context,” the memo says, “prosecutorial discretions should apply not only to the decision to issue, serve, file, or cancel a Notice to Appear, but also to a broad range of other discretionary enforcement decision, including deciding: whom to stop, question, and arrest; whom to detain or release; whether to settle, dismiss, appeal, or join in a motion on a case; and whether to grant deferred action, parole, or a stay of removal instead of pursuing removal in a case.” This part of the president’s executive action scheme has not received as much attention as the plan to issue millions of work permits, but is just as outrageous, said CISs Jessica Vaughan. Essentially, the president is dismantling immigration enforcement, and stipulating that only those convicted of felonies and multiple misdemeanors can be deported, and sometimes not even then. This gives nearly the entire population of illegal aliens a free pass to stay, even if they have had run-ins with the law, said Vaughan. All enforcement actions taken against illegal aliens before this year are now null and void – any prior orders of deportation must be ignored if the illegal alien is found here again. That is an open invitation to any illegal alien ever deported to come back, because they will not be prosecuted or removed again. ... Immigration law is now meaningless, she said. The inevitable result is that we will experience more illegal immigration, and American communities will continue to be burdened by this problem.
Posted on: Wed, 10 Dec 2014 13:51:46 +0000
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