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DeFacto Amnesty for All Aliens?
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24 November 2014   Lynne LaMaster

Obama administration promotes "prosecutorial discretion" for handling illegal aliens in letter released by Sheriff Paul Babeu.

Pinal County, Ariz. - Sheriff Paul Babeu released DHS’s newest internal memorandum containing directives on apprehending, detaining and removing illegal aliens, written by Secretary of Homeland Security Jeh Johnson.

In addition to rescinding and superseding five previous memoranda, the Nov. 20th, 2014 memorandum provides directives to all federal enforcement in Customs and Border Patrol to use prioritization and prosecutorial discretion for all of the estimated 11-20 million illegals; not just the five million President Obama stated.

After blaming a lack of resources and admitting the federal government’s failure to handle this country’s immigration issues, the directive encourages prioritization of enforcement for only the most violent criminal offenders, who are illegally living within the United States.

The directive also promotes prosecutorial discretion – a law enforcement agency’s ability to choose to enforce a law or not – for officials when deciding whether to “issue, serve, file, or cancel a Notice to Appear” in immigration cases, but also when determining “whom to stop, question, and arrest; whom to detain or release; whether to settle, dismiss, appeal, or join in a motion on a case; and whether to grant deferred action, parole, or a stay of removal instead of pursuing removal in a case.” Through this prioritizing and prosecutorial discretion, these directives provide for amnesty for all illegal aliens by removing every expectation for federal officials to enforce the immigration laws of United States.

This directive is not effective until Jan. 5, 2015, yet ICE has already started releasing hundreds of illegals across the nation this past weekend who are currently incarcerated and on their way to deportation. ICE is concealing this information and will likely defend their action by saying these criminal illegals are non-violent, non-felons and do not pose a threat to the community. This action is on the heels of a mass Obama directed prison break of thousands of convicted criminals, many with serious felonies. Executive Action:

Within this new departmental guide, there is a stunning lack of direction for the checking of documents to ensure an individual has been in the country for five or more years.

In fact, the five years Obama promised the American people is not mentioned in the directive. Instead, federal officials are instructed to consider enforcement of current immigration laws if the individual in question cannot prove they have been in the country continuously since before Jan. 1, 2014.

Sheriff Paul Babeu stated, “While the public and media’s attention was on President Obama's executive action, DHS simultaneously issued orders to ignore America's immigration laws. This directive is the ‘smoking gun’ showing ICE doesn't plan to arrest or take action on any of the nearly 20 million illegals already in the United States, which is far greater than the 5 million as stated by the President. President Obama makes illegals his priority, rather than securing the border and enforcing the law. Immigration laws will only sometimes be used for the most serious violent felons, while the nearly 20 million illegals get a free pass. This is not prosecutorial discretion, but an intentional and flagrant disregard of the law and we will all suffer the consequences.”

Paul Babeu, Sheriff