Tag Archive: prosecutorial discretion

Jan 03

New ICE Detainer Guidance Too Little, Too Late

On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos …

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Permanent link to this article: http://immigrationimpact.com/2013/01/03/new-ice-detainer-guidance-too-little-too-late/

Dec 19

Federal Judges Remind Government to Consider Prosecutorial Discretion

Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether and to what degree to enforce the law in particular cases.  The Deferred Action for Childhood Arrivals (DACA) initiative continues to be a successful example of prosecutorial discretion in the immigration context.  However the Department of Homeland Security (DHS) often …

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Permanent link to this article: http://immigrationimpact.com/2012/12/19/federal-judges-remind-government-to-consider-prosecutorial-discretion/

Aug 03

Administration Releases Details on Deferred Action for Childhood Arrivals

The Department of Homeland Security today released details on its plan to grant “deferred action” to immigrant youths who were brought to the country as children. The announcement, which was accompanied by an updated FAQ and other materials on how to apply, comes eight weeks after DHS Secretary Janet Napolitano revealed the initiative, which could …

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Permanent link to this article: http://immigrationimpact.com/2012/08/03/administration-releases-details-on-deferred-action-for-childhood-arrivals/

Aug 01

Restrictionists Misrepresent Data on Immigration Enforcement

Some members of Congress are intent on portraying the Obama administration as “weak” on immigration enforcement, and they aren’t going to let facts get in their way.  Yesterday, for example, the Congressional Research Service (CRS) released new data on individuals who had been identified through Secure Communities (S-Comm) but against whom ICE had not taken …

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Permanent link to this article: http://immigrationimpact.com/2012/08/01/restrictionists-misrepresent-data-on-immigration-enforcement/

Jul 19

Secretary Napolitano Clarifies President’s Deferred Action Plan…Again

Today, DHS Secretary Janet Napolitano testified before the House Judiciary Committee and, as expected, defended the administration’s use of prosecutorial discretion and recently announced deferred action policies for qualified DREAMers—fielding questions and accusations from those who would rather take Napolitano to task than focus on creating smart, humane, and effective immigration policies.

Permanent link to this article: http://immigrationimpact.com/2012/07/19/secretary-napolitano-clarifies-presidents-deferred-action-planagain/

Jul 18

Critics Try to Sink Obama’s Deferred Action Program Before It Even Begins

Secretary Janet Napolitano is set to testify before the House Judiciary Committee tomorrow and the number one topic is likely to be the June 15 announcement of Deferred Action for Dreamers. Now that a majority of the Supreme Court has blessed the use of prosecutorial discretion as a legitimate function of the executive branch, critics …

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Permanent link to this article: http://immigrationimpact.com/2012/07/18/critics-try-to-sink-obamas-deferred-action-program-before-it-even-begins/

Jun 27

In Arizona Case, Supreme Court Affirms Legality of Prosecutorial Discretion

The Supreme Court dealt a blow to the restrictionist movement on Monday by striking down three provisions of Arizona SB 1070 and leaving a fourth vulnerable to future challenge. But in a lesser noticed development, the Court also undercut the arguments of critics who contend the President violated the Constitution by recently directing his administration …

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Permanent link to this article: http://immigrationimpact.com/2012/06/27/in-arizona-case-supreme-court-affirms-legality-of-prosecutorial-discretion/

Jun 19

President Obama Issued a Directive, Not an “Executive Order” or “New Law”

Immigration hardliners were predictably quick to criticize President Obama’s recent announcement that DHS will use discretion to halt the deportations of eligible immigrant youth. They wasted no time hurling some base-stirring claims—“administrative amnesty,” “end-runs around Congress,” “executive fiat.” However, while folks are free to criticize the President, they should at least strive for accuracy. The …

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Permanent link to this article: http://immigrationimpact.com/2012/06/19/president-obama-issued-a-memo-not-an-executive-order/

Jun 15

President Obama to Halt Removal of DREAMers

The Obama administration announced today that it will offer indefinite reprieves from deportation for young immigrants who were brought to the country as minors and meet other specific requirements. The move, hailed by immigration advocates as a bold response to the broken immigration system, temporarily eliminates the possibility of deportation for youths who would qualify …

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Permanent link to this article: http://immigrationimpact.com/2012/06/15/president-obama-to-halt-removal-of-dreamers/

Jun 12

House Votes on Immigration Demonstrate Need for Bolder Executive Action

Last week, the House of Representatives passed an appropriations bill that demonstrates how out of step they are with the public on immigration. House Members passed a series of amendments designed to stop the Obama administration from pursuing humane immigration policies, voting to block funds for any prosecutorial discretion activities, including the new 3 and …

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Permanent link to this article: http://immigrationimpact.com/2012/06/12/house-votes-on-immigration-demonstrate-need-for-bolder-executive-action/

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