Immigration at the Border
The Morton Memo and Prosecutorial Discretion: An Overview
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial discretion refers to the agency’s authority to not enforce immigration laws against certain individuals and groups. The primary memo (the Morton Memo on Prosecutorial Discretion) calls on ICE attorneys and employees to refrain from pursuing noncitizens with close family, educational, military, or other ties in the U.S. and instead spend the agency’s limited resources on persons who pose a serious threat to public safety or national security. Morton’s second memo focuses on exercising discretion in cases involving victims, witnesses to crimes, and plaintiffs in good faith civil rights lawsuits. The memo instructs “[a]bsent special circumstances or aggravating factors, it is against ICE policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.” A closer look at the Morton Memo on Prosecutorial Discretion reveals that it reaffirms many of the principles and policies of previous guidance on this subject. The memo, however, takes a further step in articulating the expectations for and responsibilities of ICE personnel when exercising their discretion. Read More
U.S-Mexico Border Residents Not Surprised by Falling Crime Stats
Listening to politicians, one would think that the border is rife with murder, arson, theft, kidnapping, and every other type of violent crime imaginable. Unfortunately, those who spread these images often conflate the violence associated with drugs and arms trafficking with immigration, unfairly painting immigrants as the perpetrators. This image of a violence-ridden, out-of-control border has been used to justify increasingly higher spending on enforcement along the border, increases in Border Patrol agents and the deployment of the National Guard. Immigration restrictionists have also used images of border violence and immigrants committing crimes to shut down attempts at serious comprehensive immigration reform. Read More
Boston Mayor Threatens to Withdraw from ICE’s Secure Communities Program
The saga surrounding ICE’s Secure Communities program continues this month as Boston Mayor Thomas Menino threatened to withdrawal Boston from the federal program unless the agency agreed to target serious criminals only. Not surprisingly, Boston is just the latest in a series of cities and states—including New York, Illinois, Colorado, DC, and parts of California—that have threatened to drop the program. Even ICE Director John Morton, who recently made a trip to Boston to smooth things over, couldn’t guarantee local police that Secure Communities would focus solely on “serious offenders.” Read More
The Case for Discretion and Proportionality in Our Immigration System
Washington D.C. – It has long been the case that those responsible for carrying out and enforcing our nation’s laws do so with a measure of discretion and proportionality. Every day, law enforcement officials and judges exercise discretion in charging and sentencing decisions, weighing differing priorities and social values, and… Read More
Dear Mr. Smith, Our Broken Immigration System Requires Solutions that Embrace Discretion, Not Eliminate It
Over the last six months, Congressman Lamar Smith (R-TX), along with other members of the House Judiciary Committee, have engaged in an all-out effort to turn back the clock on our immigration laws through a series of bills that may tackle one issue at a time, but equal a comprehensive overhaul. This week, the restrictionists’ Comprehensive Immigration Reform package (RCIR, as we call it) became complete with the introduction of the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), a bill that would suspend discretionary forms of immigration relief until January 21, 2013. Yes, until the day after the next inauguration. Read More
Agency Urges USCIS to Streamline “Deferred Action” Process
In a new report issued this week, the United States Citizenship and Immigration Services’s (USCIS) Ombudsman’s office called on USCIS to create a standardized procedure for accepting and tracking requests for deferred action made to the agency. The timing of this report, following ICE’s memos on prosecutorial discretion last month, further reinforces the importance of understanding and applying the tools of executive branch authority in immigration law. It also gives USCIS an excellent opportunity to build on these new developments to offer its own contribution to the discussion over deferred action, prosecutorial discretion and executive branch power. Read More
More Fear and Loathing in the House Judiciary Committee
Washington, D.C. – Tomorrow, the House Judiciary Committee is scheduled to take up two immigration bills that supposedly address community safety, but in reality are simply the latest attempts to restrict immigration and limit due process for immigrants. Neither Chairman Lamar Smith’s (R-TX) “Keep Our Communities Safe Act of 2011,”… Read More
The Cost of Doing Anti-Immigrant Business: Russell Pearce to Face Recall Election
While the authors and proponents of state level anti-immigrant legislation received some measure of notoriety initially, one could also predict that there would be a corresponding price to pay for pursuing such costly and divisive immigration measures. Aside from the immediate lawsuits filed in nearly every state that passed Arizona copycats, there are now additional political and fiscal costs that states and supporters of these restrictive laws must pay. Read More
ACLU, Civil Rights Groups File Suit Against Alabama’s Immigration Law
More than just stars fell on Alabama last week when civil rights groups filed a class action lawsuit against the state’s restrictive immigration law, HB 56, charging that the law unconstitutionally interferes with federal law and will lead to racial profiling. Filed on Friday, the lawsuit makes Alabama the fifth state (joining Arizona, Utah, Indiana and Georgia) to defend itself against a costly legal challenge to Arizona-style immigration laws. Federal courts have blocked key provisions of restrictive immigration enforcement laws in every state that passed them, save South Carolina, which only recently passed a copycat law. Read More
What Does Record Low Migration From Mexico Mean for Immigration Reform?
In what could be an historic event, the number of unauthorized immigrants coming from Mexico to the United States has fallen drastically in recent years—dropping from 525,000 annually in 2000-2004 to fewer than 100,000 in 2010. In fact, unauthorized immigration from Mexico has dropped to a net rate of zero—meaning that the number of new migrants entering the United States each year is roughly equal to the number who leave or die. That is one of the central conclusions to emerge from new research by the Mexican Migration Project (MMP) at Princeton University and the Universidad de Guadalajara. Read More
Make a contribution
Make a direct impact on the lives of immigrants.
