US will focus on deporting criminals

Obama move aims to free up courts; some immigrants may stay for review

August 19, 2011|By Maria Sacchetti, Globe Staff

The Obama administration declared yesterday that it would grant an indefinite reprieve to an estimated thousands of immigrants facing deportation, allowing them to stay and work legally so officials can more quickly deport convicted criminals and other serious cases.

Federal officials said they are launching a review of each of the roughly 300,000 cases in the nation’s immigration courts to ensure that new and existing ones reflect the administration’s priorities to detain and deport criminals and threats to public safety.

The move is likely to inflame political tensions with immigration looming as a campaign issue in 2012, and it has major implications for Massachusetts, which has the second-longest immigration court backlog in the United States. All manner of immigrants in the courts’ pipeline could stand to benefit, from factory workers detained in the 2007 New Bedford raid, to same-sex couples about to be separated, to youths facing deportation.

“The president has said on numerous occasions that it makes no sense to expend our enforcement resources on low-priority cases,’’ Homeland Security Secretary Janet Napolitano wrote yesterday to Senate majority leader Harry Reid, outlining the policy.

Doing otherwise, she added, “hinders our public safety mission - clogging immigration court dockets and diverting DHS enforcement resources away from individuals who pose a threat to public safety.’’

Administration officials said they do not know how many immigrants will receive a stay on their cases, though they estimated that thousands could be affected.

Susan Long, codirector of the Transactional Records Access Clearinghouse at Syracuse University, which studied the issue in 2007, said most cases in immigration court appear to be people accused of violating immigration, not criminal, laws.

“It definitely could affect a large number of people,’’ Long said.

Officials from the Department of Homeland Security, who prosecute immigrants, and the Department of Justice, which oversees the immigration courts, will examine the cases in the coming months and send letters to immigrants who can stay.

Those immigrants would have the chance to apply for a work permit, though they could not obtain legal permanent residency and their cases could be reopened at any time, officials said.

Officials said the shift cements the message in a June memo from the head of Immigration and Customs Enforcement, urging agents to focus on detaining and deporting priority cases, such as convicted criminals, immigrants who sneak back across the border after having been deported, and recent border crossers.

Officials cautioned that they would continue enforcement efforts, which led to high deportation levels in recent years.

Advertisement
Advertisement
|
|
|
|