I am still hearing the same old tune; it’s just another big disappointment for undocumented
immigrants with the continuing failure to pass immigration reform!
must make decisions everyday about how they exercise their power in that they must exercise their
authority to decide what charges to bring and how to pursue immigration cases. The agency should
focus its efforts on deporting undocumented immigrants with criminal records rather than those with
This “prosecutorial discretion” was supposed to reduce deportation
rates by allowing ICE to look through its backlogged removal case docket and close cases for those
people who have strong family ties to the United States, or came to U.S as children, or have served
in the military, and most importantly, do not pose a threat to the country. The discretion includes
taking into account several factors which includes the person’s education whether he has
graduated from high school or has attended college.
DHS (Department of Homeland
Security) officials say the review has been slowed by bureaucratic delays with criminal background
checks of the immigrants, thus thousands more deportations could be suspended in the coming months.
Immigrant leaders and Democratic lawmakers believe the review to be faltering due to little help
from the administration and too few immigrants who would qualify. Immigrants are actually left in
legal limbo without the immigration status or the authorization to work. Many cases are closed,
deportations are suspended but not canceled, and immigrants do not receive work
Although some individuals have interpreted prosecutorial discretion as an indication
that the U.S Government is offering temporary amnesty to undocumented individuals, some also have
taken prosecutorial discretion as an indication that they will not be deported despite the fact that
they have no legal status.
But “prosecutorial discretion” never
materialized—at least that what it seems. The Government is still prosecuting people in
immigration court. New figures revealed a trend indicating that many fewer illegal immigrants who
have families within the United States and no criminal records will still end up in immigration
court in the near future. Sadly, the system is really not working. Many families are being separated
and bled their selves dry just to get relief for a handful people. Anyone seeking to be placed in
the removal proceedings, hoping to avoid the deportation, could still end up being deported. Now,
how would one realize their American Dream when they are languishing in immigration limbo with no
right to work and put food on the table?
How can the Obama Administration pledge to restore
balance to a broken immigration system when we always get the same broken system? We received this
new prosecutorial discretion with an enormous feeling of hope and at the same time only got very
frustrated by the lack of comprehensive immigration reform. This, obviously, lets the immigrants ask
whether or not they will be able to benefit from the new policy of “prosecutorial
For more answers to frequently asked questions, to chat live with Timothy A.
Gambacorta, set up an appointment, or simply to learn more about The Gambacorta Law Office, please
visit our website at The Gambacorta Law Office,
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