Executive Branch
Restrictionist GOP Members Rely on Scare Tactics in Hearing on Prosecutorial Discretion
The luster may be wearing off Republican attacks on DHS’s prosecutorial discretion policies. Efforts to paint the prioritization of cases as “backdoor amnesty” didn’t seem to go anywhere in yesterday’s hearing on immigration enforcement in the Subcommittee on Immigration Policy and Enforcement. ICE Director John Morton defended the prosecutorial discretion guidance he issued earlier this year as “trying to make good calls and good judgments” within a series of tough choices and finite resources. Members opposed to the Administration’s policies had a hard time rebutting the resource point, deciding instead to rely on scare tactics and hyperbolic comparisons to attack the guidance. Read More
Secretary Napolitano Acknowledges “Messaging Problem,” Dismisses Criticism of Key Enforcement Programs
In a speech at American University yesterday, Secretary of Homeland Security Janet Napolitano complained that she was tired of criticism from the left and the right that accuse DHS of both blindly deporting undocumented immigrants and participating in attempts at amnesty through the use of prosecutorial discretion. Secretary Napolitano argued that both cannot be true, but that these conflicting criticisms signify the need for a “reality check” on the way we talk about immigration enforcement. Given the highly political attacks made on the Obama administration’s enforcement strategies in recent months—especially those made by restrictionist Rep. Lamar Smith—many are sympathetic to the need for a reality check. But that check must also include an honest look at all of DHS’s programs, even the problematic ones. Read More
DHS Needs to Target Violent Drug Cartels, Not Immigrants Trying to Reunite with Families
Times have changed along the U.S.-Mexico border. In just a few short years, Mexican drug cartels have taken over the people-smuggling business. Although U.S. border walls and fences have proliferated, they have done nothing to prevent the cartels from moving drugs, human beings, guns, and money back and forth across the border. The combination of heightened U.S. border enforcement and cartel violence has made crossing the border increasingly dangerous. Yet large numbers of unauthorized immigrants who were previously deported from the United States continue to risk their lives by crossing the border in order to reunite with their U.S. families. The Obama Administration’s current enforcement policies treat these family-bound migrants like hardened criminals, while failing to address the real threat to security—the cartels. Read More
Next Stop, Napolitano: DHS Committee Approves Task Force Recommendations on Secure Communities
Last week, a task force created to study DHS’ controversial “Secure Communities” initiative issued a report listing a series of recommendations to improve the program. Among other proposals, the task force recommended that federal authorities standardize the use of prosecutorial discretion around the country, make the program more transparent, and decline to initiate deportation proceedings against immigrants who have not been convicted of serious crimes or otherwise pose a threat to public safety. As of yesterday, those recommendations are one step closer actual implementation as the Homeland Security Advisory Council (HSAC) voted to approve the task force’s findings and submit them for further consideration to DHS leadership, including Secretary Janet Napolitano. While HSAC agreed (almost) unanimously to submit the recommendations to DHS, the committee was careful to characterize the findings as a good first step rather than a cure to problems with Secure Communities. Read More
Give Me Your Tired, Your Poor, Your Huddled Masses…But Don’t Let Them Work?
Every year, thousands of people flee persecution in their home countries and seek safe haven in the United States. Many of them spend their entire savings on the journey, travel under life-threatening conditions, and arrive on our shores with not much more than the clothes on their backs. Those who are lucky find long-lost relatives, compatriots, or religious communities who help them get back on their feet. Then they begin the process of applying for asylum, which often takes years. Fortunately, our laws allow asylum seekers to obtain work authorization if their cases are not decided within 180 days. The 180 days, however, are counted by an “asylum clock,” which is too often stopped for unwarranted reasons. Read More
Task Force Submits Recommendations on DHS’s Flawed Secure Communities Program
Anyone following the saga surrounding Secure Communities—DHS’s flawed enforcement program that runs fingerprints through federal databases—can tell you that the program has been rife with controversy since its inception in 2008. As DHS began to stray from the program’s original focus on criminal aliens—state and city leaders, police chiefs, immigration advocates, and congressional members blasted the agency for casting too broad a net and for its dubious implementation process. After tensions reached a boiling point in June, ICE Director John Morton created a 20-member task force to address growing concerns. This week, that task force submitted its final recommendations in a report to the Homeland Security Advisory Council (HSAC)—recommendations that some former task force members say don’t go far enough. Read More
President Obama’s Very Legal Move on Immigration
DHS’s recent announcement on enforcement priorities suggests that the agency, along with the Department of Justice, is serious about trying to target those persons who pose a threat to public safety. Unfortunately, there has been little official communication from either agency about the initiatives underway to review current immigration court cases or to issue broader guidance within DHS on prosecutorial discretion, both follow ups to guidelines issued in a June memo from ICE Director John Morton. To fill the void, immigration advocacy groups have attempted to explain what these initiatives are not: NOT an amnesty, NOT a blanket deferral of removal program for all DREAMERs or anyone else, and NOT an abandonment of the deportation laws. But because there has been little official guidance, Administration opponents and immigration restrictionists are doing their best to reshape the policy into all of these things and more. Read More
President Obama’s Very Legal Move on Immigration
DHS’s recent announcement on enforcement priorities suggests that the agency, along with the Department of Justice, is serious about trying to target those persons who pose a threat to public safety. Unfortunately, there has been little official communication from either agency about the initiatives underway to review current immigration court cases or to issue broader guidance within DHS on prosecutorial discretion, both follow ups to guidelines issued in a June memo from ICE Director John Morton. To fill the void, immigration advocacy groups have attempted to explain what these initiatives are not: NOT an amnesty, NOT a blanket deferral of removal program for all DREAMERs or anyone else, and NOT an abandonment of the deportation laws. But because there has been little official guidance, Administration opponents and immigration restrictionists are doing their best to reshape the policy into all of these things and more. Read More
Like Previous Administrations, Obama is Using Existing Laws to Improve our Immigration System
The attacks on the Obama Administration from some immigration restrictionists are likely to escalate when Congress returns from its August recess, given the recent announcement that DHS intends to put muscle behind its prosecutorial discretion guidelines. The plan to review 300,000 immigration cases to assess whether they fall within the Administration’s enforcement priorities has already inflamed critics, some of whom are claiming that the President has “torn up the Constitution” and is now “Dictator” Obama. Unfortunately, the use of extreme rhetoric is nothing new. In a paper released today, “Using all the Tools in the Toolbox: How Past Administrations Have Used Executive Branch Authority in Immigration,” the Immigration Policy Center looks at other controversial examples of executive branch authority, particularly the debate over the implementation of the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA). Read More
Some Hopeful, Early Signs That Prosecutorial Discretion Is Being Exercised
While the prospect of temporary immigration reprieves—made possible by DHS’s recent announcement that it will standardize its use of prosecutorial discretion—has excited many people, the devil remains in the details. Attorneys and community groups continue to caution that no one knows how fast or how wide spread this relief will be. Part of the confusion comes from the manner of the announcement which was made by Secretary Napolitano through a letter to Senator Durbin and others. Consequently, there have been no public fact sheets or uniform guidance issued by DHS to reassure the public or to explain the process to the department’s agencies or numerous employees. Although no one should expect DHS to drastically change its policies overnight, evidence that change is in the air is breaking through in the first reports of cases closed as a result of the announcement. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
