DHS to halt deportation proceedings on case-by-case basis

posted at 8:51 pm on August 18, 2011 by Tina Korbe

The Department of Homeland Security today announced new rules that will allow the DHS to halt deportation proceedings against illegal immigrants who meet certain criteria, from attending school to having family in the military to bearing primary responsibility for other family members’ care. The Washington Times reports:

Homeland Security Secretary Janet Napolitano said her department and the Justice Department will review all ongoing cases and see who meets the new criteria on a case-by-case basis.

“This case-by-case approach will enhance public safety,” she said. “Immigration judges will be able to more swiftly adjudicate high priority cases, such as those involving convicted felons.”

The new rules apply to those who have been apprehended and are in deportation proceedings, but have not been officially ordered out of the country by a judge. Miss Napolitano said a working group will try to come up with “guidance on how to provide for appropriate discretionary consideration” for “compelling cases” in those instances where someone has already been ordered deported.

It was unclear how many people might be affected by the new rules, though in fiscal year 2010 the government deported nearly 200,000 illegal immigrants who it said did not have criminal records.

Deportation is messy and ugly — who, for example, wants to advocate to separate illegal immigrant students, many of whom didn’t enter the country illegally of their own volition, from their families? But these new rules are entirely inappropriate, as they usurp Congress’ legislative authority. Dan Stein, president of the Federation for American Immigration Reform and quoted in the WT article, said it best: “Supporters of comprehensive and targeted amnesties for illegal aliens have consistently failed to win approval by Congress or gain support from the American public. Having failed in the legislative process, the Obama administration has simply decided to usurp Congress’ constitutional authority and implement an amnesty program for millions of illegal aliens.” This isn’t a new trend for the Obama administration, of course (DISCLOSE and DREAM, anyone?), but that only makes it that much more troubling.

Furthermore, as so often happens whenever the federal government attempts to address illegal immigration, the rules ignore the fundamental importance of the rule of law to a democratic republic like the United States. The deportation of every illegal immigrant in the nation at this moment might not be a realistic or even advisable solution to the problem of illegal immigration, but to halt deportation proceedings even on a case-by-case basis sends a message that is disquietingly similar to the message amnesty sends — that the executive branch doesn’t take seriously its responsibility to uphold the law as it is.

(H/t to HA commenter “sybill” who brought this story to my attention with a recent comment.)

 

 


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J_Crater on August 19, 2011 at 12:58 AM

hello, entering the country illegaly is not a crime now?

cmsinaz on August 19, 2011 at 7:47 AM

My take.

kingsjester on August 19, 2011 at 7:54 AM

This, along with future Supreme Court appointments is why 2012 is probably one of most important elections in a generation.

I don’t care who ends up as the GOP nominee as he/she will have a majority Republican Congress and potentially a majority in the Senate to keep them in line. Obama and his administration must go.

B!tching and moaning on message boards might be OK for stress relief, but it’s going to take money and/or volunteer work from everyone to support a canditate against the money machine Obama who will also have most of the media in his camp.

We cannot sit by and let our country be GIVEN away.

JetBlast on August 19, 2011 at 8:01 AM

When I do something illegal, I don’t want to be prosecuted or separated from my family either. So if I rob a bank, can we just forgive everything because I got kids to raise. Think of all those people in jail across the country, and the hardship that creates for their families, I think we should do away with all jails if it involves breaking up a family.

We should be more like Britain and give families with bad people in them, free homes, free food, free cars, because it works out so well… and we don’t want families to be broken up.//sarc

What will be the next excuse … it’s for the kids, it’s for the families, it’s for the environment… it’s for ?

How about because it is the law, you broke the law, sorry, but maybe you should have been thinking about your kids, your family before you broke the law.

Aaaarrrgrgrgh 2012 can’t come soon enough.

odannyboy on August 19, 2011 at 8:11 AM

Homeland Security Secretary Janet Napolitano said her department and the Justice Department will review all ongoing cases and see who meets the new criteria on a case-by-case basis.
“This case-by-case approach will enhance public safety,” she said. “Immigration judges will be able to more swiftly adjudicate high priority cases, such as those involving convicted felons.”

“With independants fleeing from the President, we’re going to need to make up that difference with illegal votes. Hell, I’ll even register Al Qada to vote if that will keep this Administration in power beyond January 2013……you’re not going to report any of what I just said, are you?”

olesparkie on August 19, 2011 at 8:26 AM

300,000 votes are 300,000 votes. He needs them all.

tim c on August 19, 2011 at 8:27 AM

The current administration ignores the votes of the people and does what it wants by executive fiat.
.
Is there anything that Congress can do to stop this or derail this? Are we just wailing impotently about our fate and doing nothing about it?

FactsofLife on August 19, 2011 at 8:41 AM

What really intrigues me is that this administration seems to be an ongoing criminal enterprise. They have aided and abetted criminals at every level. from felons, arms trafficing( gunrunner) to not expelling illegals from the country( illegals have broken the law).

When is someone going to start a RICO Action against the criminals in the Government

kraftykeltic on August 19, 2011 at 9:20 AM

They will not be deported, however they wil be given a DNC registration card

Bevan on August 19, 2011 at 9:26 AM

I know, let’s give them all guns too.

ORconservative on August 19, 2011 at 9:37 AM

Now you know why Obama wants to face Perry in the General election. A border state GOP gov vs a pro amnesty Pres. They think they can swing all the Hispanic and black vote Obama’s way. If that happens then Obama wins (according to Micheal Medved).

Whoa, does this statement make me a raceist?

mechkiller_k on August 19, 2011 at 9:46 AM

Deportation is messy and ugly — who, for example, wants to advocate to separate illegal immigrant students, many of whom didn’t enter the country illegally of their own volition, from their families? But these new rules are entirely inappropriate, as they usurp Congress’ legislative authority. Dan Stein, president of the Federation for American Immigration Reform and quoted in the WT article, said it best: “Supporters of comprehensive and targeted amnesties for illegal aliens have consistently failed to win approval by Congress or gain support from the American public. Having failed in the legislative process, the Obama administration has simply decided to usurp Congress’ constitutional authority and implement an amnesty program for millions of illegal aliens.” This isn’t a new trend for the Obama administration, of course (DISCLOSE and DREAM, anyone?), but that only makes it that much more troubling.

Most human beings don’t WANT “to advocate to separate illegal immigrant students” but most of us don’t also want to go to a dentist, do the recycling and wash the dishes, get an MRI and other medical tests, but we do all that because it’s essential and good behavior to maintain certain necessary standards.

Illegal aliens RELY on human nature not WANTING to “separate families” and take the responsibility for enforcing the laws where their illegal behavior is concerned. And when the laws are not enforced (those families are not “separated” when some of them are in the U.S. illegally), then we see more and more illegal aliens all claiming they deserve to stay in the U.S. illegally (among other things they think they deserve from the nation) because no one is assuming responsibility for doing what needs to be done and should be done, legally, to correct the illegality and send them all home.

I’d take this one step further and say that the U.S. SHOULD be billing the nations to which these illegal aliens are citizens for their educations, housing, legal fees, deportation costs, medical care, housing, all of it. We should be exercising PUNITIVE ACTIONS against their respective nations of a financial sort and demand that we be reimbursed for the upkeep expenses related to each and every citizen from their nation who is in the U.S. illegally.

BUT, the individual illegal aliens are the ones responsible for “separating their families” NOT the U.S.A. Illegal aliens and the political classes who need their illegality as resources for a variety of escapades (mainly socio-political as leverage to hoist the U.S. for political change) are responsible for their intentional decisions to enter and/or remain here illegally, and thus, they’re responsible for the acts taken that may “separate their families.”

Putting this off on the U.S. as a rationalization effort to maintain illegal immigration and their populations in the U.S. is really, really slimy. I have a difficult time understanding how and why ANYone would ever fall for this gimmick.

Lourdes on August 19, 2011 at 9:48 AM

All these sort of seemingly humane policies have one big drawback: while on an individual level they might look compassionate they give strong positive reinforcement for millions of third world people to get here illegally. Rewarding a certain behavior begets more of it, and more of it brings more crime and greater economic burdens. Is this really humane? Not for us, and our government’s first responsibility is to preserve us, not them.

However, it will mean more future votes for the Democratic party, and this sellout for power is what all liberal parties in the West have been doing.

Chessplayer on August 19, 2011 at 10:59 AM

Just like how he decided to ignore Congress and the laws with the Department of Education, King Obama is going to ignore these laws also.

Can you image how the media would be reporting this if Bush did something like this while in office?

JeffinSac on August 19, 2011 at 11:17 AM

Why is deporting some illegal aliens acceptable, but deporting all illegal aliens not acceptable? That is nonsense.

federale86 on August 19, 2011 at 11:38 AM

Interesting timing on this too…Congress still won’t be back in session for a while.

Rambotito on August 19, 2011 at 12:39 PM

Hey, if you’re not going to deport them, and you are going to give them work permits, then it naturally follows that they need to drive to get to their job. So Obama will issue some edict that states must issue drivers licenses to illegals holding work permits, otherwise they are interfering with national immigration policy. If states fail to do that, then they will lose federal funding for roads or something. Once the illegals have drivers licenses, then they can take advantage of the motor voter registration process… well, you know the rest.

in_awe on August 19, 2011 at 1:32 PM

Interesting link @ Breitbart

Feds bust Iraqi-Mexican drug operation in Calif.
(AP) Aug 18 By Julie Watson

Federal officials said Thursday they’ve busted a drug trafficking ring involving Mexico’s most powerful cartel and members of an Iraqi immigrant community in the U.S. who were caught selling illegal drugs, assault rifles, grenades and homemade explosives.

About 60 people from the Iraqi community were arrested after a six-month investigation carried out by the Drug Enforcement Administration and police in the city of El Cajon, a working-class city east of San Diego. The suspects were working out of an Iraqi social club in El Cajon [the club is not named]. Some suspects are illegal aliens. About half of the 60 arrested face federal charges and half face state charges.

Many of the suspects are Iraqi Chaldeans—Christians who fled their homeland amid threats from al-Qaida and other extremists. Police say at least some of those arrested are suspected of being affiliated with the Chaldean Organized Crime Syndicate, an Iraqi gang based in Detroit. Christians make up more than a third of the 53,700 Iraqis resettled in the United States since 2007, according to State Department statistics. Officials say the Chaldean syndicate has historical ties to the Sinaloa cartel led by Joaquin “El Chapo” Guzman, who has become one of the world’s richest and most-wanted men since he escaped from a Mexican prison 10 years ago. But said officials claim to not know the origins of those ties.

“Many” of the criminals are Christians. Alright. How many of the 60 were Muslim? Don’t hold your breath. And no, the question wasn’t rhetorical. And what’s the name of the social club, the center of crime?

Five defendants indicted by a July 2010 Grand Jury, DATED: August 12, 2011, are NOFEL NOEL SULEYMAN (1) aka “Jorgee,” KARAR ALEKABI (2) , aka “K”, ALEN WALID JALU (3), CHRISTOPHER BALL (4) aka “C-Bone”, and GORDON RALPH WAITS (5).

LAURA E. DUFFY, US Attorney
HAMILTON E. ARENDSEN, US Attorney
Case # 11-cr-03590-BEN

maverick muse on August 19, 2011 at 2:29 PM

The Washington Times actually referenced her as “Miss” Napolitano, not “Ms.”, an intentional jab at her masculinity?

maverick muse on August 19, 2011 at 2:35 PM

This will anger alot more voters than those who would be in favor of it. If I’m correct, isn’t it something like 70% of the country that supports Arizona type laws, and about 65% that do not agree with birthright citizenship. And anyone who doesn’t have their head in the sand knows that as a whole, the illegal immigrant population drains more out of the economy that what they contribute. Now Obama is going in the exact opposite direction of the majority of the people AGAIN. This should get his poll numbers down quite nicely.

lynncgb on August 19, 2011 at 3:51 PM

B!tching and moaning on message boards might be OK for stress relief, but it’s going to take money and/or volunteer work from everyone to support a canditate against the money machine Obama who will also have most of the media in his camp.

We cannot sit by and let our country be GIVEN away.

JetBlast on August 19, 2011 at 8:01 AM

Great point, Jet Blast!

Here are some specific suggestions on how you can start prepping for the 2012 election season right now:

- Get involved with your local elections in 2011. The experience and connections will make you much more effective in 2012.

- Read up on President Obama and make a specific list of the many reasons why you want him to be voted out of office. This knowledge will help you to be more influential with your friends and relatives.

- Start talking to anybody who will listen about the many reasons you are supporting the canidate who you think deserves to be President. If you can influence at least 1 person per week you will have made a huge impact.

- Recruit your friends and family to volunteer for the candidates of your choice.

- Vet the Republican candidates who are running for President carefully. Watch the debates. Go to see them if they are campaigning in your area. Ask tough questions. We need to make sure we pick the best candidate to run against President Obama.

- Make sure your friends and family are registered to vote. You will be shocked to find out how many people are not registered properly once you start paying attention to this. Remember voters need to re-register whenever they move. Take a 17 year old under your wing and talk to them about the upcoming election, so they will be ready to register when they turn 18.

- If you are financially able to contribute to campaigns the sooner you do that, the better. As the Democrats already understand, it is the early money that makes the most difference in a campaign.

- Make sure you have strong candidates who are ready to run for Congressional and state offices from your district. Contact your local political party to find out who is running for each office.

If you have other suggestions on what we can all be doing now to prepare for the 2012 elections, please add to this list on this or other threads.

wren on August 19, 2011 at 5:01 PM

This “woman” needs to get back to heading the guys bowling league! She / it is such an incompetent, brain dead, in articulate nincompoop….my dog is smarter than this silly, pediculous louse.

Twana on August 19, 2011 at 6:05 PM

What? No real mention of this?

Less than one month ago, Barack Obaama told radical La Raza activists that he would like to change immigration laws but that he did not have that power.

“I know some people want me to bypass Congress and change the laws on my own… The idea of doing things on my own is very tempting. But that’s not how — that’s not how our system works.”

(from GP) but it’s immediately what came to my mind when I heard the news.

I know I have a brother who defended BO about the above comment, saying it showed he knew that he had to follow the law, only that he “wished” he could change things. He hasn’t commented about my FB post on this yet.

journeyintothewhirlwind on August 19, 2011 at 6:35 PM

Doesn’t anyone remember what Joe Wilson said, “You Lie!!!” about??? Obama’s take on Illegal Immigration!!!

Gee, I guess Joe was right now, wasn’t he!!!

Vntnrse on August 19, 2011 at 10:16 PM

Thousands of African Americans lined up for jobs at the CBC job fair. At the same time Obama was bypassing immigration law to aid and protect illegal aliens who take jobs from African Americans.

Impeach Comrade O now.

Twana on August 20, 2011 at 12:39 PM

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