On November 20, 2014, the Secretary of Homeland Security announced new immigration enforcement priorities and guidance on the exercise of prosecutorial discretion entitled Policies for the Apprehension.
It appears as if prosecutorial discretion is not a choice. According to sources, ICE agents are being instructed to release aliens who are in ICE custody on either an Order of Supervision, if they were already under Orders of Removal, or an Order of Recognizance for those under a Pre-Final Orders for removal.
All releases will be managed as non-detained aliens. The alien may or not be required to regularly report to the Service. In late November, Pinal County Sheriff Paul Babeu in response to a DHS memo said that “ICE has already started releasing hundreds of illegals across the nation who are currently incarcerated and were their way to deportation.”
According to the ICE memo, How to Seek Prosecutorial Discretion from ICE, “All DHS agencies, including U.S. Immigration and Customs Enforcement (ICE), will apply these priorities when deciding which aliens to arrest, detain, and remove from the United States. ICE has long used prosecutorial discretion in performing its immigration enforcement mission, and is updating its procedures and training to implement the new priorities.”
“The Secretary also issued a memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents, which, through the exercise of prosecutorial discretion, allows individuals who meet the eligibility criteria to apply, on a case-by-case basis, for DACA and deferred action,” reads the memo.
According to the Center for Immigration Studies, “Though fashionable in the Obama administration, the exercise of “prosecutorial discretion” is problematic for ICE field officers. If the alien that they decline to remove goes on to commit a heinous act, they could be subject to lawsuits from victims and will be held accountable by their own agency (even if agency leadership encourages them to use the tool).”
Babeu first revealed that the prosecutorial discretion referred to was intended for all of the estimated 11-20 million illegals; not just the five million President Obama stated. Babeu reported that ICE was concealing this information and would “likely defend their action by saying these criminal illegals are non-violent, non-felons and do not pose a threat to the community. This action is on the heels of a mass Obama directed prison break of thousands of convicted criminals, many with serious felonies.”
According to Babeu, the directives “provide for amnesty for all illegal aliens by removing every expectation for federal officials to enforce the immigration laws of United States.”
At the time the November memo was issued, Babeu called it the ‘smoking gun’ showing ICE doesn’t plan to arrest or take action on any of the nearly 20 million illegals already in the United States, which is far greater than the 5 million as stated by the President. President Obama makes illegals his priority, rather than securing the border and enforcing the law. Immigration laws will only sometimes be used for the most serious violent felons, while the nearly 20 million illegals get a free pass. This is not prosecutorial discretion, but an intentional and flagrant disregard of the law and we will all suffer the consequences.”
The document pictured above certainly bears out that claim.
Sheriff Babeu said on Tuesday, “This further proves that President Obama had no intention of enforcing any immigration laws. He deceived us saying his plan was to pardon 5 million illegals, yet DHS Sec Jeh Johnson ordered ICE to take no action on any illegals who have arrived prior to Jan of 2014. This trickery should not have been a surprise, yet it’s at the expense of the rule of law and will serve as an incentive for millions of future illegals who will make their way to our unsecured borders.”