Feds moving to dismiss some deportation cases
Critics assail the plan as a bid to create a kind of backdoor 'amnesty'
By SUSAN CARROLL
Copyright 2010, HOUSTON CHRONICLE
Aug. 24, 2010, 9:00PM
he Department of Homeland Security is systematically reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants who have no serious criminal records, according to several sources familiar with the efforts.
Culling the immigration court system dockets of noncriminals started in earnest in Houston about a month ago and has stunned local immigration attorneys, who have reported coming to court anticipating clients' deportations only to learn that the government was dismissing their cases.
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Gonzalez, the liaison between the Executive Office for Immigration Review, which administers the immigration court system, and the American Immigration Lawyers Association, said DHS now has five attorneys assigned full time to reviewing all active cases in Houston's immigration court.
Gonzalez said DHS attorneys are conducting the reviews on a case-by-case basis. However, he said
they are following general guidelines that allow for the dismissal of cases for defendants who have been in the country for two or more years and have no felony convictions.
In some instances, defendants can have one misdemeanor conviction, but it cannot involve a DWI, family violence or sexual crime, Gonzalez said. --SNIP--
Memo outlines priorities
Immigrants who have had their cases terminated are frequently left in limbo, immigration attorneys said, and are not granted any form of legal status.
"It's very, very key to understand that these aliens are not being granted anything in court. They are still here illegally. They don't have work permits. They don't have Social Security numbers," Mendoza said. "ICE is just saying, 'At this particular moment, we are not going to proceed with trying to remove you from the United States.' "
In a June 30 memo, ICE Assistant Secretary John Morton outlined the agency's priorities, saying it had the capacity to remove about 400,000 illegal immigrants annually — about 4 percent of the estimated illegal immigrant population in the country. The memo outlines priorities for the detention and removal system, putting criminals and threats to national security at the top of the list.
Up to 17,000 cases
On Tuesday, ICE officials provided a copy of a new policy memo from Morton dated Aug. 20 that instructs government attorneys to review the court cases of people with pending applications to adjust status based on their relation to a U.S. citizen. Morton estimates in the memo that the effort could affect up to 17,000 cases.
Tre Rebsock, the ICE union representative in Houston, said even if the efforts involve only a fraction of the pending immigration cases, "that's going to make our officers feel even more powerless to enforce the laws."http://www.chron.com/disp/story.mpl/metropolitan/7169978.html(emphasis
BOLD is mine)