U.S. will no longer deport people solely
The immigration reform news has made new policies states Brian D. Lerner, for who will be targeted for deportation. There are three different priorities with the first priority being the highest level of deportation and the second priority being the middle level priority and the third priority given the least preference and lowest priority for deportation
However, the immigration reform news makes clear that there are issues and policies that apply to all of the priorities.
Brian D. Lerner explains that prior policy memos were specifically revoked per the immigration reform news.
The memorandum by Jeh Johnson states as follows: Nothing in this memorandum should be construed to prohibit or discourage the apprehension, detention, or removal of aliens unlawfully in the United States who are not identified as priorities herein.
However, resources should be dedicated, to the greatest degree possible, to the removal of aliens described in the priorities set forth above, commensurate with the level of prioritization identified. Immigration officers and attorneys may pursue removal of an alien not identified as a priority herein, provided, in the judgment of an ICE Field Office Director, removing such an alien would serve an important federal interest.
Unfortunately, Brian D. Lerner, immigration attorney, states that this is a rather wide open policy. It certainly allows an ICE official to simply claim that deporting a particular individual is in the ‘federal interest’ of the U.S., or deporting somebody who entered illegally would serve the ‘federal interest’ by not encouraging others to do the same act.
The immigration reform news certainly has delineated the different policies, but this particular paragraph, explains Brian D. Lerner is problematic.
It would seem that the ICE official which is essentially on the bottom of the enforcement hierarchy should not be given the authority in her own individual opinion what is and is not in the Federal interest of the U.S.
This is exactly what the memorandum on the ‘policies’ of deportation spells out.
The immigration reform news then goes on to state that its policies on detention. It is actually quite fair states Brian D. Lerner.
Specifically, the immigration reform news states as follows regarding the detention policies: As a general rule, DHS detention resources should be used to support the enforcement priorities noted above or for aliens subject to mandatory detention by law.
The immigration reform news states that absent extraordinary circumstances or the requirement of mandatory detention, field office directors should not expend detention resources on aliens who are known to be suffering from serious physical or mental illness, who are disabled, elderly, pregnant, or nursing, who demonstrate that they are primary caretakers of children or an infirm person, or whose detention is otherwise not in the public interest.
The Law Offices of Brian D. Lerner states it is about time.
There has been years of detaining pregnant mothers, elderly, mentally infirm and persons with physical disabilities. It has taken a toll and not looked very humane to the rest of the world.
However, the immigration reform news per this memo seems to put an end to this type of detention.
The immigration reform news goes on to state that to detain aliens in those categories who are not subject to mandatory detention, DHS officers or special agents must obtain approval from the ICE Field Office Director.
Brian D. Lerner explains this is very fair as it does not put all the decision making ability in the front-line officer and will make a more uniform execution of this policy If an alien falls within the above categories and is subject to mandatory detention, field office directors are encouraged to contact their local Office of Chief Counsel for guidance.
Brian D. Lerner explains that this immigration reform news shows how the Obama administration priority is to not deport or to detain persons who are not in the listed priorities of deportable persons.
What is interesting, explains Brian D. Lerner, is that on other parts of this memo, broad discretion is given to officers to decide whether or not to place one in removal proceedings.
However, here, if the person is in detention, in accordance with the immigration reform news, they are not given that discretion, and in actuality, must go to a supervisor to keep the person detained if they fall under this category.
Thus, the immigration reform news is good, but there are parts that could use clarification states Brian Lerner.