Webinar on Prosecutorial Discretion

Transcription

1 Webinar on Prosecutorial Discretion Thursday, March 8 th, P.M. Eastern/11 A.M. Pacific For audio, please dial and use code Welcome to this webinar presented by the U.S. Conference of Catholic Bishop s Justice for Immigrants campaign.

2 Today s speakers: Kevin Appleby, Director, Migration Policy Office USCCB/MRS Sara Ibrahim, Immigration Policy Advisor USCCB/MRS Tony Cube, JFI Manager USCCB/MRS Allison Posner, Director, Advocacy Section CLINIC This webinar is being recorded. Call with questions about the webinar or any of the information presented in it.

3 This webinar will cover the following areas: 1. Overview: What is Prosecutorial Discretion, Recent U.S. Guidance on PD & USSCB Position 2. A View from the Field:How are Legal Advocates Seeing the Policy Memos at Work? 3. Next Steps: JFI Action Alert for outreach to ICE Offices and the White House

4 OVERVIEW What is prosecutorial discretion (PD)? Recent U.S. government guidance on PD USSCB s position

5 REMEMBER immigration law is complex. If you are asked about prosecutorial discretion, make sure the person has an attorney and if not, recommend that they speak to a qualified immigration attorney about their situation. Legal Resources: Catholic Legal Immigration Network (CLINIC) American Immigration Lawyer s Association (AILA) AILA Consumer Advisory on the DHS Announcements

6 What is Prosecutorial Discretion (PD)? prosecutorial discretion is the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particular individual...when ICE favorably exercises prosecutorial discretion, it essentially decides not to assert the full scope of enforcement authority available... John Morton Immigration and Customs Enforcement (ICE) Memo, June 2011

7 How do immigrants get placed in deportation proceedings? As a result of random traffic stops or traffic violations; Through immigration enforcement programs, such as Secure Communities and 287(g), with local law enforcement agencies; By reporting a crime which leads to the discovery of the unlawful status of reporter of the crime or the victim; By committing a minor offense or non violent crime; Other acts or incidents that may put an immigrant in deportation proceedings.

8 The Morton Memo and actions related to it John Morton: Director of Immigration& Customs Enforcement June 2011 Memo: ICE must prioritize the use of its enforcement personnel, detention space, and removal assets to ensure that the aliens it removes represent, as much as reasonably possible, the agency's enforcement priorities, namely the promotion of national security, border security, public safety, and the integrity of the immigration system. November 2011 Guidance: Review of deportation cases: Baltimore and Denver (more on this later)

9 High Priorities and Low Priorities for ICE High Priority Categories: individuals posing a clear risk to national security or public safety; serious felons, repeat offenders, or those with a lengthy criminal record; known gang members; others defined as high priority. Low Priority Categories: Individuals who have very long term presence in the U.S., have an immediate family member who is a U.S. citizen, and has established compelling ties and made compelling contributions to the U.S. individuals present in the U.S. since childhood (i.e. DREAM) longtime lawful permanent residents; veterans and members of the U.S. armed forces; minors and elderly individuals; victims of domestic violence, trafficking or other serious crimes; others that may be considered.

10 What does it all mean? When an immigrant s case for deportation is reviewed, ICE agents will evaluate the case using a list of relevant factors and determine whether or not the immigrant is in one of the high priority categories for removal; If it is determined that the case is a low priority, ICE officers can choose to administratively close the case for deportation and allow the immigrant to stay in the country.

11 What happens when favorable prosecutorial discretion is granted in the review process? the case is administratively closed and the immigrant is allowed to stay in the U.S.; there is no change in immigration status; a pathway to legalization or citizenship is not provided; the case can be re opened and the immigrant again placed in deportation proceedings; the immigrant is not provided with a work permit and is unable to work in the U.S. (more on this later).

12 Need for the Program Prioritization of cases to make best use of valuable scarce resources Provide relief from deportation (however, cases can be re opened) Help eliminate the severe backlog in immigration courts

13 The Catholic Bishops Respond The U.S. Catholic bishops welcomed your August 18, 2011, announcement that the Administration will establish a new, two pronged process to ensure that its immigration enforcement resources are focused on what the Administration has, in recent memoranda, identified as high priority individuals for removal. We urge your expeditious implementation of this proposal, as vulnerable immigrants who are low priority remain at imminent risk of deportation. Archbishop José H. Gomez of Los Angeles, Chairman of the USCCB s Committee on Migration

14 The U.S. Catholic bishops urged DHS to prioritize: (1) families, as defined under current federal immigration law; (2) vulnerable populations, including the mentally and physically disabled and victims of crimes; (3) children and individuals who were brought to the United States as minors, through no fault of their own; (4) pregnant and nursing women; (5) those with long term presence in the United States and other equities, such as U.S. citizen children or spouses and contributions to their communities through their work, faith communities, among other means, and (6) clergy and religious who serve in faith communities. For full text of letter: cfm

15 What is happening now with Prosecutorial Discretion? Supervisors at ICE have been trained; In late 2011, pilot programs in Denver and Baltimore reviewed current deportation cases in those offices to determine which could receive PD; A recent American Immigration Lawyers Association and America Immigration Council report found that, in the majority of offices ICE agents, trial attorneys and supervisors admitted they had not implemented the memoranda and there had been no changes in policy or practice. Full implementation of the PD guidelines as instructed by the ICE Director Morton has not yet been reported;

16 CLINIC s View From the Field CLINIC, a subsidiary of USCCB, is the nation s largest, most productive charitable legal agency for immigrants ( * Though trial attorneys have been cooperative, there have been difficulties with communication * Inconsistencies with application across the country * Detained cases not being reviewed * Offers increase after a file is supplemented with additional evidence * Hearing dates pushed back to 2013/2014

17 What Advocates are Doing * Asking DHS to share statistics * Sharing stories with each other * Urging DHS to hold public information sessions, reach out to sources of information trusted by immigrant communities, plainly and in multiple languages * Warning of dangers of notario fraud

18 Next Steps What SHOULD be happening Part One ICE and CBP officials must immediately implement the prosecutorial discretion guidance outlined by ICE Director Morton in the November 2011 memo. As advocates, we need to contact our local and regional ICE offices and ask that their officers use their PD authority. JFI staff can provide an action alert that your networks may send to ICE offices asking for implementation of the PD guidelines. Here is more information about ICE s Field Offices:

19 ICE Field Offices

20 Atlanta Field Office Area of Responsibility: GA, NC, SC 180 Spring Street SW, Suite 522 Atlanta, GA Phone: (404) Baltimore Field Office Area of Responsibility: Maryland 31 Hopkins Plaza, 7th Floor Baltimore, MD Phone: (410) Boston Field Office Area of Responsibility: CT, Maine, MA, NH, RI, VT 10 New England Executive Park Burlington, MA Phone: (781) Buffalo Field Office Area of Responsibility: Upstate New York 130 Delaware Avenue Buffalo, NY Phone: (716) Chicago Field Office Area of Responsibility: IL, IN, WI, MO, KY, KS 101 West Congress Parkway, 4th Floor Chicago, Illinois Phone: (312) Dallas Field Office Area of Responsibility: North Texas, Oklahoma 8101 N. Stemmons Frwy Dallas, TX Phone: (214) Denver Field Office Area of Responsibility: Colorado, Wyoming E. Caley Avenue Centennial, CO Phone: (720) Detroit Field Office Area of Responsibility: Michigan, Ohio 333 Mt. Elliott St. Detroit, MI Phone: (313) El Paso Field Office Area of Responsibility: West Texas, New Mexico 1545 Hawkins Blvd El Paso, TX Phone: (915) Houston Field Office Area of Responsibility: Southeast Texas 126 Northpoint Drive Houston, TX Phone: (281) Los Angeles Field Office Area of Responsibility: Los Angeles Metro Area (Counties of Los Angeles, Orange, Riverside, San Bernardino), and Central Coast (Counties of Ventura, Santa Barbara and San Luis Obispo) 300 North Los Angeles St., Room 7631A Los Angeles, CA Phone: (213) Miami Field Office Area of Responsibility: Florida, Puerto Rico, U.S. Virgin Islands 865 SW 78th Avenue, Suite 101 Plantation, FL Phone: (954) Newark Field Office Area of Responsibility: New Jersey 614 Frelinghuysen Ave., 3rd Floor Newark, NJ Phone: (973) New Orleans Field Office Area of Responsibility: AL, AR, LA, MS, TN 1250 Poydras Suite 325 New Orleans, LA Phone: (504) New York Field Office Area of Responsibility: The five boroughs (counties of NYC) and the following counties: Duchess, Nassau, Putnam, Suffolk, Sullivan, Orange, Rockland, Ulster, and Westchester 26 Federal Plaza 9th Floor, Suite New York, NY Phone: (212) Philadelphia Field Office Area of Responsibility: DE, PA, WV 1600 Callowhill St., 6th Floor Philadelphia, PA Phone: (215) Phoenix Field Office Area of Responsibility: Arizona 2035 N. Central Avenue Phoenix, AZ Phone: (602) Salt Lake City Field Office Area of Responsibility: Utah, Idaho, Montana, Nevada 2975 Decker Lake Drive, Suite 100 W. Valley City, UT Phone: (801) San Antonio Field Office Area of Responsibility: Central South Texas 1777 NE Loop 410, Suite 1500 San Antonio, TX Phone: (210) San Diego Field Office Area of Responsibility: San Diego and Imperial County 880 Front Street, Suite 2232 San Diego, CA Phone: (619) San Francisco Field Office Area of Responsibility: Northern California, Hawaii, Guam 630 Sansome Street, Rm 590 San Francisco, CA Phone: (415) Seattle Field Office Area of Responsibility: Alaska, Oregon, Washington Tukwila International Blvd. Seattle, WA Phone: (206) St Paul Field Office Area of Responsibility: IA, MN, NE, ND, SD 2901 Metro Dr., Suite 100 Bloomington, MN Phone: (952) Washington Field Office Area of Responsibility: District of Columbia and Virginia 2675 Prosperity Avenue, 3rd Floor Fairfax, VA Phone: (703)

21 What SHOULD be happening Part Two Work authorization should be given to those granted prosecutorial discretion. Work permits for immigrants allowed to stay in the country are important so that they may support themselves and their families. You may send a letter to the President asking that he direct DHS to provide work authorization to individuals whose cases are administratively closed under the prosecutorial discretion guidance. The letter may be sent from the homepage.

22 Q & A

23 Visit or for more information about the USCCB or JFI. For a copy of the webinar recording, slides or questions contact Tony Cube, JFI Manager: acube@usccb.org or (202)