United States law enforcement responsible for deportations – CBP, ICE, USCIS – have new policies that must have been written by open borders groups. First, they go soft on crime. Secondly, they send an open invitation for people to come here illegally. There is no punishment for doing so and they will most certainly be allowed to stay.
The lowest priority are those who have violated our immigration laws. They can stay if the alien is not a threat as determined by the immigration officer. We are welcoming people who come here illegally and making people wait ten years, twenty years if they apply to come legally.
Deportation now means catching them at the border and tossing them back. ICE will not pursue. It is a change in our immigration law.
DHS’ new “Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants” should come as no surprise to anyone.
Obama’s definition of “serious misdemeanors” and felonies maybe includes drunk drivers, domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking. They are only priority two and “should” be deported unless one of the many exceptions apply to them.
They must also have been convicted at least three times in at least three separate incidences and if their sentence is suspended or if it’s time served, they can stay.
Our laws are very watered down and copping a plea is a common occurrence. We can expect most to stay, especially if they have a family.
If a criminal’s offense doesn’t fit into one of the aforementioned categories, he won’t be considered for deportation. There is no evidence that it matters if s/he’s been convicted of crimes in his/her native country. It’s whether they were convicted in this country.
There are also the many exceptions Mr. Obama has put in place which gives them amnesty. These could include: having come from an Ebola-infected country or they were victims of domestic abuse or they came here as a child through no fault of their own.
Priority one aliens “must” be deported and they include – and only include – terrorists, spies, those caught at the border, gang members, felons and aggravated felons.
“Prosecutorial discretion” clearly violates our current immigration laws and is an invitation for aliens to come here in droves.
Many criminals will be allowed to stay because of “prosecutorial discretion”. They could have spent a year in jail for a violent assault but not be included in priority two.
This is a soft, social work approach to law enforcement, but, after all, criminals are part of Mr. Obama’s base.
We will be stuck with these criminal aliens.
These are called “smart enforcement priorities” to be used by CBP, ICE, and USCIS.
The rules will make it nearly impossible to deport anyone not in the priority one category.
Read this paragraph from the new procedures:
In the immigration context, prosecutorial discretion should apply not only to the decision to issue, serve, file, or cancel a Notice to Appear, but also to a broad range of other discretionary enforcement decisions, including deciding: whom to stop, question , and arrest; whom to detain or release; whether to settle, dismiss, appeal , or join in a motion on a case; and whether to grant deferred action, parole, or a stay of removal instead of pursuing removal in a case. While DHS may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is generally preferable to exercise such discretion as early in the case or proceeding as possible in order to preserve government resources that would otherwise be expended in pursuing enforcement and removal of higher priority cases.
Thus, DHS personnel are expected to exercise discretion and pursue these priorities at all stages of the enforcement process-from the earliest investigative stage to enforcing final orders of removal-subject to their chains of command and to the particular responsibilities and authorities applicable to their specific position.
In making judgements, law enforcement now has to act as social workers and look for “extenuating circumstances involving the offense of conviction; extended length of time since the offense of conviction; length of time in the United States; military service; family or community ties in the United States; status as a victim, witness or plaintiff in civil or criminal proceedings; or compelling humanitarian factors such as poor health, age, pregnancy, a young child, or a seriously ill relative. These factors are not intended to be dispositive nor is this list intended to be exhaustive. Decisions should be based on the totality of the circumstances.”
There will be detailed and oppressive record keeping which will also keep the numbers down and which can be used to watch law enforcement.
These policies are not about the rule of law, they are about looking for any excuse to release illegal aliens. This was formerly the province of judges and social workers.
Many of the people coming into this country are coming from communist countries. Communism is all they’ve known and they often bring those values with them and will continue them if there is no time to assimilate them. With millions being approved – rubber-stamped – there will be no time for that.
They are also being brought in being told they are entitled instead of sending the message they should be grateful for all the freedoms America affords those who work hard and are self-sufficient.
This year alone, 16 thousand migrants have left from the Caymans, headed for Honduras to Mexico and landed at our border without visas. They are all ignorant and poor and all they’ve ever known is communism.
Communists are, however, the left-wing of the Democratic party.
President John F. Kennedy famously said, Ask not what your country can do for you, ask what you can do for your country.”
President Barack Obama’s message is Ask not what you can do for your country, ask what your country can do for you.
The first is a message of individual freedom, the second is a message of big government.