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Matthew Kolken on Deportation And Removal

Morton's Prosecutorial Discretion Memo Only Looks Good on Paper

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Earlier in the week I mentioned a recent memo that was issued by John Morton, Director of Immigration and Customs Enforcement (ICE), setting forth guidelines for consideration in prosecuting of immigration cases.


The memo says all the right things, but from my profession*al experience in practice government attorneys have had their hands tied by the Obama administra*tion with respect to the favorable exercise of prosecutor*ial discretion*.

For example, I represent this individual*: 









 
When I first got involved in this young man's case the head office in Washington ordered local chief counsel to agree to nothing other than voluntary departure (voluntary deportatio*n). Once the press got wind of the story, and Senator Derbin set up a poster sized image of him on the floor of the Senate, Washington*'s tune miraculous*ly and expeditiously changed. I can assure you that the local government attorneys had no desire to deport my client, but were precluded by Washington from acting independen*tly.

Point being, the Obama administra*tion wasn't willing to do a thing to help a DREAM Act eligible student until they were being embarrasse*d on the floor of the Senate*, and the Hispanic electorate was put on notice of the pending deportation.  In short, it has become increasingly clear to me that this administration really only cares about your vote, not your undocumented relative.

I will reserve judgement until I see how this most recent memo is implemente*d, but if past conduct is any indication of future action I'm not holding my breath.  


Does anyone else find it ironic that in the very same week that the prosecutorial discretion memo was issued the Obama administration rounded-up over 2,400 immigrants in what is being touted as the largest enforcement operation in history?


I'm just sayin'.

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