Immigration officials are taking a more realistic approach to enforcement with revised deportation policies focusing on illegal immigrants with criminal records.
John Morton, head of Immigration and Customs Enforcement, has directed staff to drop deportation proceedings against detained illegal aliens who meet certain criteria such as living in the United States for more than two years and no felony convictions.
The new policy could apply to illegal aliens who are married to or related to a U.S. citizen or other legal resident who has filed a petition on their behalf. It could include college students, asylum seekers, children who have been raised nearly all their lives in the United States and spouses separated from their families when they are caught up in immigration sweeps. The new policy could prevent the breakup of families when there is a chance they could legally remain together.
However, ICE will not consider halting deportation proceedings against those with a felony record or misdemeanors involving sex crimes, family violence or drunken driving.
Opponents criticize the plan as selective enforcement of immigration laws.
Officials emphasize that the new policy does legalize the estimated 11 million illegal aliens in the United States. Immigration officials say they have deported more than 167,000 illegal immigrants with criminal records.
Nor does it constitute what critics call a "backdoor amnesty." ICE can always reinstate proceedings against illegal aliens denied legal status. Overburdened agencies often have to determine priorities.
The policy is instead a pragmatic change that recognizes the limits on ICE resources and the strain on immigration courts that have a backlog of nearly 248,000 cases and there is an average waiting time of 459 days.