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Law enforcement officers are supposed to enforce the law.

But in enforcing the law, officers have a lot of choices. Right now, this officer has a choice to make: arrest the robber or the jornaleros? In making that choice, the officer is using prosecutorial discretion.

Prosecutorial discretion can also be used after an arrest. For example, the District Attorney might not have time to prosecute all his cases. So he may drop the misdemeanors and just focus on the violent felonies.

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Prosecutorial discretion also applies in immigration. Even ICE admits that is not possible or desirable to deport everyone. So, like the police, ICE officers have to make choices.

Last June 2011, ICE Director John Morton set a new policy to guide ICE officers in making those choices. Morton told officers to focus on deporting “high priority” people and to set aside cases against “low priority” people.

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Here are the factors ICE says make a person “low priority”:
Lived in the US for a long time (especially since childhood) Very young or very old Served in the US military Pregnant or nursing a baby Victim of a serious crime Has a serious health problem Takes care of a sick or disabled relative Has very young children Received a high school or college education in the US

“Low priority”

Here are the factors ICE says make a person “high priority”:
H IG H Y P R IOR IT
HIG H PR IOR ITY HIG H PR IOR ITY

HIGH PR IOR ITY

“Poses a risk to national security” Has a criminal record. Even misdemeanor convictions can make a person “high priority”! Member of a gang “Poses a clear danger to public safety” Returned to the US illegally after being deported or has engaged in “immigration fraud”

“High priority” 2

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ICE also has a special prosecutorial discretion policy for civil rights leaders. ICE is not supposed to arrest or deport people who are in the middle of a struggle to protect their civil or labor rights.

Prosecutorial discretion does not guarantee anyone legal status. Everything is “discretionary”

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of 400,000 deportations per year. ICE is going to have to make a decision. Abandon its quota or abandon prosecutorial discretion? So far, ICE hasn’t done much to implement its new prosecutorial discretion policy. So it is not clear what effect it will have.

I CE’s new prosecutorial discretion policy conflicts with its quota

The ICE union is protesting the policy. It is refusing to allow ICE employees to attend trainings about the policy.

But there have been some changes in immigration court. In Baltimore and Denver, ICE ran pilot projects for its new policy. ICE attorneys gave prosecutorial discretion to about 15% of the people who were facing deportation. They denied prosecutorial discretion to 85% of people. The 15% of people who got prosecutorial discretion still do not have legal status. But ICE is no longer actively trying to deport them.

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Now, ICE is supposed to expand its pilot project to immigration courts across the whole country.

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we are hum an !

WE AR E HUMAN !

DON

’T D E JAI! PORT

ICE’s new prosecutorial discretion policy provides a new tool for immigrants in deportation proceedings and their allies to call on ICE to suspend their deportation.

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We need to take action to make sure ICE applies its new policy as broadly as possible. Together, we can demand that ICE stop the deportations and the separation of families!
For more information about Prosecutorial Discretion and other Federal/Local immigration enforcement programs, please visit http://altopolimigra.com

Credits:
Research: Jessica Karp Chris Newman Text: Verónica Federovsky Graphic Design: Marco Loera Pablo Alvarado Illustrations: Alfredo Burgos Editor: Pablo Alvarado

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