Wednesday, December 26, 2012

Obama softens stance on Immigration enforcement

The Obama administration softened its enforcement immigration policies on Friday announced a policy change that — if it works — should lead to smarter enforcement of the immigration laws, with greater effort spent on deporting dangerous felons and less on minor offenders who pose no threat. The new policy places stricter conditions on when Immigration and Customs Enforcement sends requests, known as detainers, to local law-enforcement agencies asking them to hold suspected immigration violators in jail until the government can pick them up. Detainers will be issued for serious offenders — those who have been convicted or charged with a felony, who have three or more misdemeanor convictions, or have one conviction or charge for misdemeanor crimes like sexual abuse, drunken driving, weapons possession or drug trafficking. Those who illegally re-entered the country after having been deported or posing a national-security threat would also be detained. But there would be no detainers for those with no convictions or records of only petty offenses like traffic violations. John Morton, the director of Immigration and Customs Enforcement, known as ICE, said this was a case of “setting priorities” to “maximize public safety.” But wait, you ask, shouldn’t ICE have been doing this all along? Didn’t Mr. Morton sayin a memo two years ago that ICE would use its “prosecutorial discretion” to focus on the most dangerous illegal immigrants? He did. But for nearly as long as President Obama has been in office, ICE has been vastly expanding its deportation efforts, enlistingstate and local agencies to expel people at a record pace of 400,000 a year — tens of thousands of them noncriminals or minor offenders. By outsourcing “discretion” to local cops through a fingerprinting program called Secure Communities, it has greatly increased the number of small fry caught in an ever-wider national dragnet. Some cities and states have resisted cooperating with ICE detainers for the very reasons of proportionality and public safety that Mr. Morton cited on Friday. California’s attorney general, Kamala Harris, told her state’s law enforcement agencies this month that ICE had no authority to force them to jail minor offenders who pose no threat. From the NY Times

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