EXECUTIVE POLICY # 10075.1 ISSUED BY JOHN MORTON, ICE DIRECTOR ON JUNE 17, 2011 - "HANDS OFF ILLEGAL ALIENS"
CONTACT YOUR CONGRESSMEN AND SENATORS NOW! What are they going to do about this situation? Toll Free numbers are 866-220-0044 or 877-851-6437.
EXCERPTS FROM June 17, 2011 Policy Number 10075.1 FEA Number 306-112-0026
.....ICE, however, has limited resources to remove those illegally in the United States.......These priorities are outlined in the ICE Civil Immigration Enforcement Priorities memorandum of March 2,2011...... In basic terms, prosecutorial discretion is the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particular individual..... When ICE favorably exercises prosecutorial discretion,
it essentially decides not to assert the full scope of the enforcement authority available to the agency in a given case.....the term "prosecutorial discretion" applies to a broad range of discretionary enforcement decisions
, including but not limited to the following:*deciding to issue or cancel a notice ofdetainer;
*deciding to issue, reissue, serve, file, or cancel a Notice to Appear (NTA);
*focusing enforcement resources on particular administrative violations or conduct;
*deciding whom to stop, question, or arrest for an administrative violation;
*deciding whom to detain or to release on bond, supervision, personal recognizance, or other condition;
*seeking expedited removal orother forms ofremoval by means other thana formal removal proceeding in immigration court;
.......ICE attorneys may exercise prosecutorial discretion in any immigration removal proceeding before EOIR, on referral of the case from EOIR to the Attorney General, or during the pendency of an appeal to the federal courts, including a proceeding proposed or initiated by CBP or USCIS.
When weighing whether an exercise of prosecutorial discretion may be warranted for a given . alien, ICE officers, agents,and attorneys should consider all relevant factors, including, but not limited to
*the agency's civil immigration enforcement priorities;
*the person's length of presence in the United States, with particular consideration given to presence while in lawful status;
*the circumstances of the person's arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child;
*the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States;
*whether the person, or the person's immediate relative,has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
*the person's criminal history, including arrests, prior convictions, or outstanding arrest warrants;
*the person's immigration history, including any prior removal, outstanding order of removal, prior denial of status, or evidence of fraud;
*whether the person poses a national security or public safety concern;
*the person's ties and contributions to the community, including family relationships;
*the person's ties to the home country and condition~ in the country;
*the person's age, with particular consideration given to minors andthe elderly;
*whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
*whether the person is the primary caretaker ofa person with a mental or physical disability, minor, or seriously ill relative; ;
*whether the person or the person's spouse is pregnant or nursing;
*whether the person or the person's spouse suffers from severe mental or physical illness;
*whether the person's nationality renders removal unlikely;
*Whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative ofa U.S. citizen or permanent resident;
*whether the person is likely to be granted temporary or permanent status or other relief
*Whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative ofa U.S. citizen or permanent resident;
*whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; . and .
*whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department ofJustice, the Department ofLabor, or National Labor Relations Board, among others.
........This list is not exhaustive and no one factor is determinative.... ICE officers, agents, and attorneys should always consider prosecutorial discretion on a case-by-case basis. The decisions should be based on the totality of the circumstances, with the goal of conforming to ICE's enforcement priorities.
Exercising Prosecutorial Discretion Consistent with the Priorities of theAgency for the Apprehension, Detention, and Removal ofAliens
That said, there are certain classes of individuals that warant particular care.....The following positive factors should prompt particular care and consideration:The following positive factors should prompt particular care and consideration
*veterans and members ofthe U.S. armed forces;
*long-time lawful permanent residents;
* minors and elderly individuals;
*individuals present in the United States since childhood;
*pregnant or nursing women;
*victims ofdomestic violence; trafficking, or other serious crimes;
*individuals who suffer from a serious mental or physical disability; and
*individuals with serious health conditions.
Timing........ While ICE 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 the enforcement proceeding. .....the universe of opportunities to exercise prosecutorial discretion is large......preferable for ICE officers, agents, and attorneys to consider prosecutorial discretion in cases without waiting for an alien or alien's advocate or counsel to request a favorable exercise of discretion....... In cases where, based upon an officer's, agent's, or attorney's initial examination, an exercise of prosecutorial discretion may be warranted but additional information would assist in reaching a final decision, additional information may be requested from the alien or his or her representative
bravenet.com