Last month, the Department of Homeland Security cautiously initiated a pilot project in Denver and Baltimore where authorities have been reviewing all deportation cases in these cities in order to expedite proceedings against some immigrants with criminal records, and perhaps close such proceedings against some so-called “low priority” non-criminal immigrants. Initially, many immigration rights and reform activists held little optimism that a great deal of long term migrants with strong ties to their communities in this country would actually have their deportation cases dropped. However, a little over a month into the project, signs could be pointing in another direction, as reports are now stating that Denver officials are dropping between ten and fifteen percent of deportation cases currently on the city’s dockets.
Although this is merely the first step in what President Obama intends to be a nationwide review of over 300,000 deportation cases overall, the Denver pilot program illustrates that this could eventually yield positive results for a significant number immigrants throughout the country. Up next, authorities are beginning to review deportation cases in the San Francisco area and have already begun closing some of these. In fact, DHS officials claim that cases are now being reviewed and in some cases dropped in municipalities across the country.
However, if DHS is to encounter committed resistance to the review and closure of low priority deportation cases against non-criminal immigrants, it could be here in Arizona. Phoenix lawyer David Asser argues that Maricopa County prosecutors have already been hard at work planning out how they will circumvent the project.
Currently, many undocumented immigrants in custody are typically charged with a misdemeanor offense for inventing false social security numbers in their efforts to find employment. Those guilty of a misdemeanor could still have their deportation cases dropped. According to Asser, local officials are therefore planning on increasing this charge to felony forgery, ensuring their deportation. However, this is a particularly odd charge, considering that underage youth using fake identification to purchase alcohol are almost always charged with a misdemeanor.
Lawmakers opposed to the review and closure of some deportation cases argue that the President has circumvented congressional authority in creating a “backdoor amnesty” program for this country’s undocumented population. However, the Obama administration argues that the sheer cost of deportation necessitates this measure, as trying to arrest and expel all unauthorized individuals from this country would be cost prohibitive.
















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