Saturday, July 8, 2017

Trump Administration Ends Prosecutorial Discretion? All Undocumented Immigrants Threatened With Removal?


In his January 25 executive orders on interior enforcement and border security, President Trump promised tougher immigration enforcement, with all undocumented immigrants subject to removal.  More arrests, more removals, more detentions have followed.  And, not surprisingly, the message of a "no holds barred" approach to immigration enforcement is being taken seriously by the immigration bureaucracy.

The Daily Caller reports that "[a] May email from Immigration and Customs Enforcement’s office of the chief counsel in Baltimore to an immigration attorney obtained by TheDC stated that prosecutorial discretion will no longer be `triggered by an affirmative request.' An ICE spokeswoman Sarah Rodriguez told The Daily Caller last week, this meant that ICE is no longer entertaining requests of prosecutorial discretion from attorneys representing [undocumented] immigrants."  (emphasis added).

Another story making the rounds is that the head of the Immigration and Customs Enforcement unit in charge of deportations has directed his officers to take action against all undocumented immigrants they may cross paths with, regardless of criminal histories. The guidance appears to go beyond the Trump administration’s publicly stated aims, and some advocates say may explain a marked increase in immigration arrests.

In a February memo, Matthew Albence, a career official who heads the Enforcement and Removal Operations division of ICE, informed his 5,700 deportation officers that, “effective immediately, ERO officers will take enforcement action against all removable aliens encountered in the course of their duties.”


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