Whatever happened to Obama’s immigration reform?
President Obama’s campaign promise to push for immigration reform never came to fruition. Not only has immigration policy not changed, more than one million people were deported to their homeland in the last three years.
The US Congress, currently composed of a lot of conservative Republicans who oppose immigration amnesty, is obviously not his partner. In fact the most compassionate immigration bill, the federal DREAM Act that will provide undocumented students an opportunity to legalize their stay, is still awaiting passage.
Unable to find a “dancing partner,” on immigration reform, Obama went ahead and announced a policy of “prosecutorial discretion.”
Prosecutorial discretion
“Prosecutorial discretion” is the authority of a law enforcement agency to decide whether or not—and to what degree—to enforce the law in a particular case.
The Immigration and Customs Enforcement (ICE) or prosecutors may exercise discretion in deciding to file deportation cases, enforce a deportation order or grant a deferred action. This exercise of discretion depends on the guidelines set in a policy memorandum.
Meanwhile, deportations are increasing. Families being forcibly torn apart have become a common heartbreaking story in the immigrant community. Realizing the inhumane impact of deportation on those who have not done harm to society, Obama has created a distinction between low priority and high priority deportees.
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Whatever happened to Obama’s immigration reform?
IMFO
By Lourdes Santos Tancinco
October 30, 2011
Page A17
PRESIDENT Obama’s campaign promise to push for immigration reform never came to fruition. Not only has immigration policy not changed, more than one million people were deported to their homeland in the last three years.
The US Congress, currently composed of a lot of conservative Republicans who oppose immigration amnesty, is obviously not his partner. In fact the most compassionate immigration bill, the federal DREAM Act that will provide undocumented students an opportunity to legalize their stay, is still awaiting passage.
Unable to find a “dancing partner,” on immigration reform, Obama went ahead and announced a policy of “prosecutorial discretion.”
Prosecutorial discretion
“Prosecutorial discretion” is the authority of a law enforcement agency to decide whether or not—and to what degree—to enforce the law in a particular case.
The Immigration and Customs Enforcement (ICE) or prosecutors may exercise discretion in deciding to file deportation cases, enforce a deportation order or grant a deferred action. This exercise of discretion depends on the guidelines set in a policy memorandum.
Meanwhile, deportations are increasing. Families being forcibly torn apart have become a common heartbreaking story in the immigrant community. Realizing the inhumane impact of deportation on those who have not done harm to society, Obama has created a distinction between low priority and high priority deportees.
The Morton Memorandum
A June 17, 2011 memorandum from ICE Director John Morton provides guidelines for deciding when an individual may be deported and when he or she should be spared.
Low priority deportees will have their cases administratively closed. They will also be granted employment authorizations.
High priority cases or those who have done harm to society and are threats to public security will be deported to their homeland.
Actual implementation
Excited with the announcement of Obama, thousands of individuals in deportation hearings became hopeful that their cases would be dismissed. But five months after the initial pronouncement of Morton, most of the requests for prosecutorial discretion have been denied. A review of 300,000 removal cases in pilot programs has yet to be implemented.
For example, a young Filipino who migrated to the US when he was 15 years old and has been in the US for 16 years is being deported because of his parent’s prior denial of political asylum. Formal requests for discretion were ignored.
A survey last month of the American Immigration Council showed that while there were cases granted on the basis of prosecutorial discretion, statistically, there were much more cases that were declined.
No positive impact
The discretion policy against illegal aliens who are no threat to US society is a welcome development. But without proper implementation of the full length, breadth and spirit of the policy, the help and succor that the immigrant community is hoping for cannot be
realized.
(Tancinco may be reached at [email protected] or at 887 7177 or 721 1963)
A June 17, 2011 memorandum from ICE Director John Morton provides guidelines for deciding when an individual may be deported and when he or she should be spared.
Low priority deportees will have their cases administratively closed. They will also be granted employment authorizations.
High priority cases or those who have done harm to society and are threats to public security will be deported to their homeland.
Actual implementation
Excited with the announcement of Obama, thousands of individuals in deportation hearings became hopeful that their cases would be dismissed. But five months after the initial pronouncement of Morton, most of the requests for prosecutorial discretion have been denied. A review of 300,000 removal cases in pilot programs has yet to be implemented.
For example, a young Filipino who migrated to the US when he was 15 years old and has been in the US for 16 years is being deported because of his parent’s prior denial of political asylum. Formal requests for discretion were ignored.
A survey last month of the American Immigration Council showed that while there were cases granted on the basis of prosecutorial discretion, statistically, there were much more cases that were declined.
No positive impact
The discretion policy against illegal aliens who are no threat to US society is a welcome development. But without proper implementation of the full length, breadth and spirit of the policy, the help and succor that the immigrant community is hoping for cannot be
realized.
(Tancinco may be reached at [email protected] or at 887 7177 or 721 1963)
