This past summer, the Obama administration made headlines when it announced that it was pursuing a course of action that would dramatically alter U.S. immigration law as it pertains to deportation.

Specifically, officials with the Department of Homeland Security (DHS) declared that federal officials would be devoting the majority of their efforts to deporting those undocumented immigrants who either have criminal records, or who pose a threat to national security or public safety.

As a result, efforts are no longer being made to deport those undocumented immigrants who do not fall into either of these categories and who fulfill certain criteria set forth in a June memo from Immigration and Customs Enforcement (ICE) Director John Morton to agency staff.

Specifically, this memo outlined multiple factors for ICE attorneys to consider when exercising "prosecutorial discretion," including military service, the pursuit of education, the age of the person subject to deportation, how long the person has been in the country and whether the person's relatives are U.S. citizens.

The ultimate goal is to have ICE attorneys conduct a case-by-case review of roughly 300,000 deportation cases currently pending in the federal system using these new criteria.

However, before instituting such a review in all U.S. immigration courts, ICE first wanted to conduct a test run in two strategic immigration courts located in Denver and Baltimore.

Interestingly, 16 ICE prosecutors in Denver recently completed their review of 7,900 deportation cases, which started on December 5, 2010. Here, they ultimately determined that 1,300 undocumented immigrants (16 percent) posed absolutely no risk to the United States, satisfied the aforementioned criteria and will be permitted to stay here.

While the time spent reviewing the cases was significant, these ICE prosecutors indicated that they were nonetheless appreciative of the fact that the busy court dockets were (somewhat) unclogged and that they now had more leeway in choosing who to prosecute/deport.

"It makes us feel good to know that some of these low-priority cases will be placed at the back burner," said Corina Almeida, the chief ICE prosecutor in Denver. "These cases free up others to move to the front of the line: the egregious offenders, those who thumb their noses at the system or commit fraud."

Not surprisingly, this shift in deportation policy is not without its detractors, including many Republican lawmakers and immigration groups who have decried it as "end run around Congress."

"This is part of a pattern of granting de facto amnesty to the more than 11 million illegal immigrants in the United States by the president's refusal to enforce U.S. immigration laws," said Rep. Elton Gallegly (R-California).

Interestingly, many undocumented immigrants who saw their cases closed have indicated that they are currently living in a sort of legal limbo because they still have no legal status, can't work and can't secure a driver's license.

"It definitely is a step forward," said one undocumented immigrant from Colorado whose deportation was suspended. "But at the same time, I don't think it's a solution."

Stay tuned for further developments on this important story ...

Due to the continued complexity of U.S. immigration laws with respect to naturalization and the exposure to facing a denial of this petition, it is critical to speak with a legal professional who has extensive specialized knowledge and experience in immigration law.

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

The New York Times, "In deportation policy tests, 1 in 6 offered reprieve" Jan. 19, 2012