Obama’s Immigration Mandate May Provide Amnesty to Illegal Aliens

President Obama’s recent mandate on illegal aliens may provide amnesty for many illegals. The White House, acting through John Morton, Director of Immigration and Customs Enforcement (ICE) at the U.S. Department of Homeland Security (DHS), has set up a mandate that could wind up granting amnesty to many illegal aliens.

ICE Director John Morton issued a memorandum dated June 17, 2011, entitled “Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens.” The memo sets forth categories that DHS officers, agents, and attorneys are to consider in determining whether or not to cancel deportation/removal proceedings or efforts, regardless of where in the system an alien may be. The memo notes that “the list is not exhaustive.”

Prosecutorial discretion means that DHS officials are to make judgment calls on illegal aliens using guidelines such as the following: (1) Did the alien graduate from high school/what is the alien’s education status? (2) Was the alien brought here as a child? (3) Does the alien have a relative in the U. S. military? (4) Is the alien a security risk? (5) Is the alien pregnant or breast-feeding? (6) Does the alien care for disabled, infirmed, or mentally challenged relatives? (7) Does the alien work? (8) Does the alien serve the community?

Essentially, the 2011 Morton memorandum, by incorporating DREAM Act provisions, advances Obama’s immigration reform without a Congressional vote.

Should you or someone you love be subject to removal proceedings please contact Miller|Conway today.

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