Posted on 08/28/2010 7:50:52 PM PDT by DBeers
ICE skirts Congress by changing policy and halting deportations
ICE skirts immigration law and begins to release illegal immigrants who have already been arrested and are waiting to be deported.
A memo from released yesterday by John Morton of Immigration and Customs Enforcement (ICE), included a new policy change that could affect thousands awaiting deportation. Morton signed a memo that went out to agencies across the country stating any illegal immigrants who have been charged with deportation have their cases reviewed and be released or absolved of any legal issues with the federal government if they have not committed any serious crime.
However, there is a catch. The suspected illegal immigrants must be able to prove they are taking care of necessary paperwork with ICE and have not committed a felony crime.
The memo read in part; “This memorandum establishes ICE policy for the handling of removal proceedings before the Executive Office for Immigration Review (EOIR) involving applications or petitions filed by, or on behalf of, aliens in removal proceedings. This policy outlines a framework for ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before U.S. Citizenship and Immigration Services if the approval of such an application or petition would provide and immediate basis for relief to the alien. The policy will allow ICE and EOIR to address a major inefficiency in present practice and thereby avoid unnecessary delay and expenditure of resources.”
Read the entire memo; http://graphics8.nytimes.com/packages/pdf/us/27immig_memo.pdf
(Excerpt) Read more at examiner.com ...
Here it looks like a slow and deliberate fundamental transformation taking place as this administration subverts the law and its duty to uphold and enforce the law by reinterpreting its duty and changing policies to fit its own goals. This administration seeks to keep a certain demographic of illegal aliens in the United States as long as possible --this policy of selective enforcement and disregard for the intent of existing law effectively creates backdoor amnesty.
This too can be stopped in November.
This is the government giving the Rule of Law the federal finger. Exactly where are those in leadership positions (mayors, judges, congressmen/women, senators, et al) publicly denouncing this flagrant disregard of America's laws? It appears they just don't give a rat's rump whether or not we become a third world nation. They are sleazebags of the lowest order - all of them who remain silent while this administration subverts the law.
Yet another nail in the democrats coffin come November.
“Is the United States a country ruled by law or a country ruled by socialist elites?”
I think we know the answer to that question. To know the remedy requires that we know how we got here.
Our founders did not intend the executive to be able to change domestic laws. Yet congress has given the discretion to the president to interpret them as he sees fit. I think there were two reasons for this. One is socialist and one is human nature.
The Socialist reason is just as we saw with the health care bill. The Senate, seeing that it could not foresee all the unintended consequences of the bill, decided to insert “The Secretary Shall” dozens of times. This, in and of itself, is defacto unconstitutional. The Executive Branch is not supposed to have this discretion but the Socialists can’t pass their agenda without giving the president wide latitude to re-engineer the law as unintended consequences come.
Our forefathers knew this was an inherit problem with government. From Federalist 44,
24 They have seen with regret and indignation that sudden changes and legislative interferences in cases affecting personal rights become jobs in the hands of enterprising and influential speculators, and snares to the more industrious and less informed part of the community.
25 They have seen, too, that one legislative interference is but the first link of a long chain of repetitions, every subsequent interference being naturally produced by the effects of the preceding.
The second reason is simple human nature. Both the politicians who get into congress and those that become president want to take responsibility for all the good stuff and point the finger at the other party OR THE OTHER BRANCH for all the bad stuff. By inserting “The Secretary Shall”, they are able to avoid responsibility for their work. Congress doesn’t have to be clear and it isn’t the president’s law. The process is deliberately ambiguous.
The latter is NOT a Democrat or Republican problem. It is a human problem.
The first step that our next congress could take to remedy this problem is to require that the congress approve all regulations before they are allowed to take effect.
Among other effects, over time, that would diminish the modern presidency.
ICE is part of the enemy within. Defund ‘em. Also replace all executive/upper echelon of the Border Patrol. Boy, are we dreaming or what?!
BUMP
Among other effects, over time, that would diminish the modern presidency.
I like that -simple... It would reestablish the legislative check in addition to severely constraining the legislature from issuing reams of sweeping legislative nonsense as has been recently the case...
Using Google, I find this:
A quick search of the Obamacare legislation reveals that the word “secretary” appears nearly 3,000 times in the 2,700-page legislation. And the vast majority of those references are to the secretary of HHS.
Nearly 3,000 times!
"Necessary paperwork" = voter registration form?
So what does this mean. Does this mean all illegals are never to be arrested and deported unless that are guilty of a crime? Isn’t it a crime to enter the US illegally?
"Necessary paperwork" = voter registration form?
It would appear that the "Necessary paperwork" is Form I-130 which carries with it a $355 filing fee (that USCIS)
For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.
Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.
I note that these petitions require a Visa number to be available -does one assume then that the number of petitions is limited by some annual immigrant 'quotas' or something or is this some undocumented unlimited immigration policy?
I note as well that it would appear since this program requires entry Visas it implies objectively that it is not applicable to those aliens already here illegally?
I note further the fee waiver option...
I further note that the stated impetus for releasing detainees is an overburdened process and that the goal of expediting this process seems to miss the whole point of the matter -the process that is limited by number of Visas is being overburdened by illegal aliens. This kinder gentler approach does NOTHING to address the problem -in fact it worsens it!
It would be interesting to see the numbers both of pending petitions and numbers of fee waivers...
Detailed below is a summary of 'progress' made thus far in regard to backdoor amnesty by the Ozero administration:
ICE: Detention and Policy Reforms
Detention ReformLast year, ICE detained more than 300,000 aliens. Recognizing that the purpose of immigration detention is not punitive and the importance of providing our detainees with quality care, ICE is engaged in a broad detention reform effort. This includes creating a civil detention system that reduces transfers, maximizes access to counsel, visitation, and recreation, improves conditions of confinement, and ensures quality medical, mental health, and dental care. ICE already has taken concrete steps to improve the immigration detention system and is engaged in a serious and sustained effort that will result in additional reforms and actions in the near future.Policy Reform
ICE has a broad mandate that includes protecting and securing the borders through immigration enforcement at the border, ports of entry, and inside the United States. Finite resources require ICE to prioritize our enforcement efforts to best protect the security of our communities and the integrity of the immigration system. This includes focusing on criminal aliens, fugitives, and recent border violators. To ensure our practice aligns with these broad priorities, ICE has recently issued a number of policies including one intended to reduce the risk that we place United States citizens in proceedings or detention, a policy to refocus fugitive operations, and a new memorandum of agreement in an effort to ensure the 287(g) program aligns with ICE priorities. These and other key reforms promote the smart and effective enforcement of immigration laws. Additional policy reforms are coming soon.Request for Public Comment on Immigration Detainer Policy
ICE has drafted an immigration detainer policy to engage all interested stakeholders and solicit a broad range of views and comments. This is not a final policy and is disseminated solely to collect feedback. ICE is interested in a concrete assessment of how this draft policy, if issued and implemented, would affect the agency's law enforcement partners, the operation of the criminal justice system, communities and individuals. Please respond with your comments to ICEDetainerComments@dhs.gov by Thursday, September 30, 2010.
The obvious observation:
What is the purpose of an "immigration" detention policy that is supposedly not punitive yet is solely premised upon looking the other way regarding illegal alien status UNLESS there is a criminal conviction? A policy of enforcement that is NOT premised simply upon discovery of illegal status is a policy that subverts the law. Here we see the Executive who would be King -the rule of man as sole authority, ignoring the rule of law by ignoring the Legislature and denying justice under the law by eliminating the role of the Judiciary -bypassing the deportation process completely...
Oh the humanity!!!!
The policies of 0zero seem to be ramping up the number of cases pending... hmmmm...
Uploaded with ImageShack.us
I knew that Obama was going to do all of this administratively. He’s been successful at avoiding Congress on certain issues that might be too much even for the Dems, and he has already stealthily imposed a lot of changes through administrative means.
Shortly after he took over, he made an “adjustment” to the so-called quota system in order to encourage immigration from Muslim countries. And this is LEGAL immigration, folks. And there’s nothing we can do about it.
Bingo!!!
You win a cookie!!! ;-)
Expect a push for more registrations to be filed before the 30 days prior to the election in those communities that harbor (sanctuary) illegal, law-breaking immigrants in this country...
Since ICE is ordered to not do their job, we might as well fire every single one of them, turn out the lights, and lock the doors...Why spend the money on a government agency when they are not doing their jobs...
Oh, wait...Silly me...Government agency not doing their jobs...That certainly was a brain fart if I have ever had one...
It seems he makes many “adjustments” -the more I look the more I discover...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.